Josh Hammer
Newsweek Senior Editor-at-Large And Host,
"The Josh Hammer Show"

On Monday, the U.S. Supreme Court issued a unanimous rebuke of the Colorado Supreme Court, and a breathtaking victory for former President Donald Trump, in Trump v. Anderson. That case, pertaining to Colorado's attempt to ban Trump from the Republican presidential primary ballot due to the sparsely-litigated "Insurrection Clause" of Section 3 of the 14th Amendment, attracted a great deal of media and legal academic attention—especially from those hoping to weaponize it against the 45th president. It was very clear after oral argument last month that SCOTUS was going to rule for Trump in Anderson; the only real question was whether the ruling would be 8-1 or 9-0. The unanimous rebuke really should lead to some greater humility from all the phony would-be "legal eagles" in liberal punditry and throughout law school academia—but it probably won't.

In additional SCOTUS-related news, the Court agreed last week to expedite an oral argument and ruling in the all-important Washington, D.C. federal case, where Special Counsel Jack Smith is prosecuting Trump on 2020 election- and Jan. 6, 2021-related charges. Specifically, the Court agreed to decide the crucial threshold question of the scope of former President Trump's claimed constitutional immunity from being sued for actions he took while he was still in office. Given President Joe Biden's extraordinarily lackluster polling, Smith's D.C. case increasingly looks like the best shot for Democrats to derail the Trump train before it's too late. For details on the big presidential immunity showdown to come, check out my most recent column.

On "The Josh Hammer Show," the most recent episode for our radio affiliates and podcast audience focused on SCOTUS' huge decision to agree to hear former President Trump's immunity appeal, the good and the bad from Sen. Mitch McConnell's (R-Ky.) legacy now that he will be stepping aside as leader of the Senate GOP caucus, and the awful groundswell of misinformation and gaslighting surrounding the Alabama Supreme Court's recent legally straightforward case dealing with embryonic human life (also the subject of a recent column of mine). As always, we also concluded with our signature rapid-fire "Hammertime" segment. You can listen to all episodes of "The Josh Hammer Show" at the Newsweek website or on Apple, Spotify, or wherever you get your podcasts.

It's been busy as usual this week, when it comes to my other media hits and writings. Some highlights include my Monday piece in the Daily Mail on Trump's unanimous SCOTUS victory in Trump v. Anderson, my hit on "Jenna Ellis Tonight" on Salem News Channel to discuss the aforementioned media misinformation regarding the Alabama Supreme Court's recent embryo/IVF case, my appearance on "Sara Gonzales Unfiltered" on BlazeTV examining Trump's numerous legal issues, and an appearance on Jesse Kelly's nationally syndicated radio show and The First TV show to discuss the same topic. Also, make sure to also tune into "The Megyn Kelly Show" this Friday, since I will be coming back on the program. To keep up with all my media hits and other writings, make sure to follow me on Twitter/X, Instagram, and Facebook!

As a reminder, I recently launched a second legal-themed show, "America on Trial with Josh Hammer," with The First; you can subscribe on Apple, Spotify, or wherever you get your podcasts. And in additional exciting news: Newsweek has officially launched Newsweek Voices! You can read all about this new endeavor here, which has been in the works for a while now. For our purposes, what you really need to know is that there will soon be a paywalled, Newsweek subscriber-only "premium" version of "The Josh Hammer Show," which will be featured prominently at Newsweek Voices. So if you are not already a Newsweek subscriber, go ahead and fix that A.S.A.P.!

I will be doing an event with the Palm Beach Freedom Institute (where I am now a fellow) in Palm Beach this coming Tuesday, March 12. The format will be a panel discussion, alongside Claremont Institute President Ryan Williams, on "Next Steps for an America First Agenda." If you live in the South Florida area and are interested in attending the event, please email PBFI President (and frequent Newsweek contributor!) Paul du Quenoy at president@palmbeachfreedom.org for further details.

Our additional highlighted right-leaning Newsweek op-eds from the past week includes selections from Rep. Monica De La Cruz (R-Tex.); Alabama Attorney General Steve Marshall; Bassem Eid; Ilya Shapiro; and Michael Toscano.

Thank you as always, dear readers, for reading and subscribing to this newsletter! We'll see you next week.

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Trump's Fainthearted SCOTUS Picks Could Doom Him in DC Election Case

One of the more underappreciated recent trends in American law and politics, obscured by a few high-profile conservative victories at the Supreme Court and thus noticed by few other than dyed-in-the-wool legal conservatives, is that former President Donald Trump's three picks for the high court are soft and undependable.

The truth is that none of the Trump-era triumvirate of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett can hold a candle to their two reliably conservative senior colleagues Clarence Thomas and Samuel Alito. Kavanaugh and Barrett are pragmatic center-right judges, eager to avoid wading into hot-button "cultural" topics such as religious liberty and often disappointing when it comes to issues as wide-ranging as COVID restrictions, immigration, and congressional redistricting. Gorsuch has the strongest libertarian streak on the court; he adamantly rejected COVID tyranny, but he has proven a disaster on many other issues, such as gender ideology, Indian rights, and criminal law.

If Trump secures a second presidential term, conservatives must ensure he makes better high court selections. It is nothing short of a Hollywood script-worthy twist of fate, then, that Trump's own Supreme Court picks will now play an outsize role in determining whether such a second term materializes.

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