The justices will keep Trump on the ballot. Here’s how (and why) they’ll do it.

The Supreme Court isn’t going to save us from another Donald Trump presidency. The justices announced Jan. 5 that they will take up the question of whether states can exclude Trump from their ballots under Section 3 of the 14th Amendment, which makes former officials who engaged in insurrection ineligible for future office.

The court was correct to take the case — an appeal from a Colorado Supreme Court decision declaring Trump ineligible to appear on the state’s GOP primary ballot — and, given the need to get the Section 3 issue settled, to speed up the proceedings, with the case set to be argued Feb. 8.

But those who are looking to this once-obscure, rarely invoked provision of the Constitution for salvation are apt to find themselves disappointed. It would be extraordinary for any Supreme Court to declare that the front-runner for his party’s nomination can be barred from the ballot; doing so would unleash widespread confusion, and worse, on the nation. This Supreme Court, with six justices nominated by Republican presidents, isn’t going to take that step — and, as I’ve written before, I expect they’ll be joined by some or all of the Democratic appointees.

What follows is an assessment of some possible outcomes.

1. Trump remains eligible to hold office because it isn’t clear he engaged in insurrection.

2. Section 3 doesn’t apply to Trump because it doesn’t cover presidents.

3. Section 3 requires implementing legislation from Congress in order for it to be enforced.

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