'Fascinating': Experts explain what to look for in Supreme Court's Trump ballot ruling

When the nine justices making up the Supreme Court convene on Thursday, they will try to decide whether the Civil War-era Section 3 of the 14th Amendment — barring anyone from seeking office who once took an oath to uphold the Constitution but then "engaged” in “insurrection or rebellion” against it — applies to the presidency and Trump.

Former federal prosecutor Elie Honig is especially interested in how the court's three liberal-leaning justices will engage when they hear oral arguments in the case.

"It's going to be fascinating," he said.

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The case is based on voters in the Rocky Mountain State accusing Trump of violating the Constitution when he attempted to reverse his 2020 election defeat and fomented an attack on the Capitol Building to stop Congress from certifying the vote back on Jan. 6, 2021.

The ex-president remains the frontrunner to nab the GOP presidential nomination and is contesting a move by some Colorado voters to disqualify him from appearing on the primary ballot.

"Is there any inclination there," asked Honig. "Are they going to be leaning towards a broader consensus than the usual 6-3," Honig noted, referring to the break between conservative justices (Roberts, Thomas, Alito, Gorsuch, Kavanaugh, Barrett) who double the vote count to the liberals (Sotomayor Kagan, and now Brown Jackson).

He's also interested in seeing how Chief Justice John Roberts works to protect his legacy and that of the court.

"The last thing Chief Justice Roberts wants is for his tenure to be the one where the court split apart," he said.

As far as what could transpire, Honig said they could uphold Colorado's disqualification of Trump and then he's off the ballot and can't run for a second term there. But doing so opens the "door for other states" to file challenges, who are waiting and seeing what happens with Colorado decision.

If they strike down Colorado but "do it in a certain way, either say the president does not count under the 14th Amendment, or if they say Congress must act first, then they put an end to it."

Another panelist, a senior Supreme Court analyst, also said to look to the liberal judges. As for who could compromise with the conservatives on the court, she cited Kagan.

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