Discovering the Ultimate Boundary: Trump, Insurrection and the Supreme Court

There is intense speculation as to how far the Supreme Court might go in response to the events leading up to the insurrection on January 6th. With many different legal inquiries and investigations into the Capitol riots, the Supreme Court could very well take action and shape the fate of those involved. To understand the potential legal ramifications of the Capitol attack, we first have to assess the nature of the insurrection. U.S. Park Police reported that the violent mob members were barricading themselves inside after overwhelming the Capitol building. Since the events unfolded, numerous criminal accounts have been reported, including dozens of federal charges and weapon violations. If we look deeper at the evidence, we can also make the case that the insurrection wasn’t just about the Capitol attack itself, but also the desecration of a number of public symbols in that same area. This includes the destruction of property, the desecration of the U.S. flag, and the teardown of several federal monuments that serve as a reminder of our history of civil rights struggles. These instances of criminal destruction and disrespect for revered public symbols may result in the Supreme Court having to make a ruling about the laws surrounding the insurrection. In other words, if the Capitol attack was connected to the destruction of a public monument or other symbol, it may have established legal precedence for how future cases should be addressed. In the past, the Supreme Court has commonly defended certain constitutional rights like freedom of speech, religion, and assembly. This could come into play for the Capitol incident considering that the participants were exercising their right to assemble in the streets. On the other hand, the Court has also affirmed the government’s authority to prohibit the destruction of public property, which could be used to support charges against individuals involved in the rioting. The Supreme Court could ultimately decide to side with the government and issue a decision that limits the freedom to gather in public. Alternatively, the Court could opt to focus on the rights of those who were peaceful and were not engaging in any criminal destruction. Regardless of the direction that the Supreme Court ultimately takes, the implications of their ruling could have far-reaching consequences for the future of our country. These are just some of the possible scenarios that could take place given the current legal landscape. The Supreme Court’s ruling on the events surrounding the Capitol insurrection could shape the way we approach similar cases in the future. For this reason, the eyes of many will be carefully watching to see what the Supreme Court decides.