“Slippery slope” arguments are important in the Supreme Court’s constitutional jurisprudence, since the Court sets precedents that will be followed in a wide range of circumstances. Anticipating those circumstances and where they might lead is essential in tailoring decisions that go no further than is necessary to resolve the case before the justices.

But in the oral arguments for Trump v. Anderson, involving Colorado’s decision to bar Donald Trump from the ballot as an “insurrectionist” under the authority of the 14th Amendment, a particular “slippery slope” fear emerged that’s a bit startling when you think about it. In questioning Jason Murray, counsel for the Colorado voters who sought Trump’s exclusion, Chief Justice John Roberts wanted to know if other states might retaliate by excluding Joe Biden on the same grounds:

If Colorado’s position is upheld, surely there will be disqualification proceedings on the other side. And some of those will succeed.

I would expect that, you know, a goodly number of states will say, whoever the democratic candidate is, you’re off the ballot. And others for the Republican candidate, you’re off the ballot. It’ll come down to........

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