The post (at Balkinization) is here; as I’ve mentioned before, I haven’t studied the issues in this case closely enough to speak to this myself, but Prof. Lederman is a leading constitutional expert, and his thoughts struck me as much worth passing along:
1. Colorado Is Not “Enforcing” or “Implementing” Section 3.
The briefs of all four of the parties in the Supreme Court (and those of many amici, as well) proceed on the assumption, articulated repeatedly in their briefs, that if Colorado were to omit Donald Trump’s name from its presidential primary ballot—something that, as I explain in this post, Colorado has not in fact done and is unlikely to do—the state would acting to “enforce” or “implement” Section 3 of the Fourteenth Amendment. Indeed, some of the parties’ arguments take this as a jumping-off point, and depend upon it.