Justice Kagan to Colo. Attorney: ‘The Question You Have to Confront Is Why the Single State Should Decide Who Gets To Be President of the U.S.’

MURRAY: “There has to be some process for determining those questions. And then the question becomes, does anything in the 14th Amendment say that only Congress can create that process? And — and Section 5 very clearly is not an exclusive provision. It says Congress shall have power. And —“ [crosstalk]
KAGAN: “I think that the question that you have to confront is why a single state should decide who gets to be president of the United States? In other words, you know, this question of whether a former president is disqualified for insurrection to be president.”