Despite the unanimity of the justices, I disagree with the Supreme Court’s judgment that states may not enforce section 3 of the 14th A. That judgment is the bottom line. But far more dangerous is the majority opinion, which includes discussion that goes beyond this bottom line. Five justices have tried to prospectively prescribe two requirements irrelevant to the Colorado case. First, they claim that only Congress, not the judiciary or executive branch may enforce section 3. 1/ #LawFedi
