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To the Editor:
Re “Barring Trump From the Ballot Would Be a Mistake,” by Samuel Moyn (Opinion guest essay, Dec. 24):
Despite the vast difference in our academic credentials (me: B.A. from Miami University, Professor Moyn: J.D. from Harvard), I dispute the author’s conclusion that American democracy will suffer if the U.S. Supreme Court upholds the decision of the Colorado Supreme Court to bar Donald Trump from the primary ballot in that state.
Professor Moyn cites the fact that many Americans dispute Mr. Trump’s culpability in inciting the riot of Jan. 6, and states that barring him from the ballot will incite more violence. But Mr. Trump’s rhetoric urging followers to “fight like hell” that day is construed by all but the most rabid MAGA supporters as clear incitement and should disqualify him. If Mr. Trump is not punished, how can we expect any disgruntled election loser to graciously accept defeat?
The court, Professor Moyn asserts, should pay attention to public opinion when crafting a decision. The court did not, however, pay the slightest bit of attention to public opinion when it overturned Roe v. Wade or when it struck down the New York State law enacting strict gun control measures.
I believe the court will overturn the Colorado decision, not because it is the proper legal action, but because the court has devolved into a partisan political body fraught with corruption, a majority of whose members would like to see Mr. Trump back in office. Most Americans,
