What are the chances of a Republican-stacked federal supreme court overruling this?
Seems like it could go a number of ways. I was just trying to figure this out last night. It's probably 3 to 2 on removing trump from the ballot. The 3 liberal justices (sotomayor, kagen, jackson) vs the 2 most hard right wingers (Thomas, who should recuse himself from this but won't, and Alito). The irony of not paying attention to states rights here is not lost on me. That leaves 4 more justices in between.
ACB, Kavanaugh, Gorsuch, and Roberts.
I think ACB is likely too hard right for this. So it's really a question of whether 2 of the remaining 3 side against Trump (ie: FOR the constitution). Roberts seems like he might go the correct way. Which means one of Kav and Gorsuch would need to actually care about the constitution. Not a slam dunk either way in my mind.
I'll rank the outcomes I see in terms of best to worst.
1) 14th amendment applies and Trump is guilty of insurrection.
2) Split majority that doesn't agree on anything except that Trump is ineligible.
3) No cert granted. (I can see an argument that this is actually the worst because it is the most likely to result in civil war)
4) Split majority that doesn't agree on anything except that Trump is eligible.
5) 14th amendment applies and Trump is not guilty of insurrection.
6) 14th amendment does not apply
Number 5 might offer a chance to come back if Trump is found guilty in Georgia. For the record, the lower court in colorado decided the answer was number 6.