Though the court’s ruling is unanimous, the justices do not all agree on the way in which Section 3 of the 14th Amendment works and can be enforced.
Justice Amy Coney Barrett joins her colleagues in the final decision, writing: “I agree that
States lack the power to enforce Section 3 against Presidential candidates. That principle is sufficient to resolve this
case, and I would decide no more than that.”
But she makes clear that she is not on board with the question of “whether federal legislation is the exclusive vehicle through
which Section 3 can be enforced”.
“In my
judgment, this is not the time to amplify disagreement with
stridency. The Court has settled a politically charged issue
in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should
turn the national temperature down, not up,” writes the Trump appointee in her brief opinion.
“For present
purposes, our differences are far less important than our
unanimity.”