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suggest that. >> is there any evidence to suggest that the presidency was what they were focused on? >> there is some evidence of that. there were people saying we don't want jefferson davis to be elected president and there was also one of the drafts of section 3 specifically mentioned the presidency and the vice president. >> but it wasn't the final enactment. >> right. it wasn't the final enactment, but it shows there was some concern about some people about confederate insurrectionists ascending to the presidency. we look at the historical evidence and pick the evidence we like a...

that argument. >> there is some evidence to suggest that. >> any evidence to suggest the presidency was what they were focused on? >> there is some evidence of that. people saying we don't want jefferson davis to be elected president and one of the drafts of section three specifically mentioned the presidency and vice presidency. >> it wasn't the final inaction. >> it wasn't final but there was concern by some people about con federal insurrectionists ascendsing to the presidency. we didn't want to make a a history argument. the other side can come back and throw this counter evidenc...

♪ this is a historic moment for the united states supreme court and for american democracy. the justices about to consider whether donald trump is constitutionally barred from being president again. we'll hear the unprecedented arguments and the court's responses live. welcome to cnn's special live coverage of the trump ballot battle at the u.s. supreme court. i'm kaitlan collins live outside the supreme court. >> and i'm jake tapper. the nation's highest court will review this landmark case. the division by colorado's supreme court to disqualify former president trump from the 2...

election he lost. >> and hearing the case, the panel of nine supreme court justices including three that president trump himself appointed to the bench. >> whatever they decide has the potential to transform the trajectory of this year's election, and trump's bid to retake the white house making it the most consequential election case since bush v. gore a quarter century ago. >> these oral arguments expected to begin in moments and potentially last several hours, and we will be here with you for all of it. >> and joining us now, nbc's ken dilanian outside the court along with andrew ...

reinforce or dismantle the colorado supreme court's order excluding the former president from the ballot in that state. effectively punishing trump for a crime which he has neither been criminally charged for convicted. >> dana: as soon as it begins we'll listen to it live. until then our fox team coverage continues. we have andy mccarthy, jonathan turley, and kerri and joining us is karl rove and andrew. one of the things i wanted to start with you on, andrew, set the stage about how unprecedented this is and what this moment could actually mean. >> i think it's very interesting to ...