The U.S. Supreme Court will soon consider whether former President Donald Trump should be excluded from Colorado’s primary ballot, a move that comes as Trump faces several legal challenges before nine justices. It could be the first.
The issue at issue is whether President Trump committed an “insurrection” by inciting a mob to storm the U.S. Capitol on January 6, 2021, and whether he is constitutionally eligible to be reelected as president. The question is whether it will turn out not to exist. As a result, he could be barred from appearing on the state’s primary ballot as a candidate for the position.
Oral arguments are scheduled for 10 a.m. ET Thursday, and a speedy ruling could come within days or weeks.
The issue has never been heard by the nation’s highest court and is being framed as a constitutional and political battle with high stakes over public trust in the judicial system and an already polarized electoral process. .
President Trump asks Supreme Court to keep names on Colorado ballots
The U.S. Supreme Court is scheduled to hear oral arguments on whether President Trump committed an “insurrection” on January 6, 2021, and whether that constitutionally disqualifies him from running for re-election. (Michael M. Santiago)
wording
Section 3 of the Fourteenth Amendment to the Constitution states, “No person shall hold any office under the United States… as a member of Congress or as an officer of the United States… who has sworn an oath to support…” It has been. Engaging in rebellion or insurrection contrary to the Constitution of the United States, or giving aid or comfort to enemies of the Constitution. ”
Colorado’s highest court ruled in December that the provision covered President Trump’s actions on January 6, 2021, and therefore applied to the president even though the text did not explicitly say so. was lowered.
“President Trump is not qualified to serve as president,” the state court said in an unsigned opinion. “Because he is disqualified, it would be an offense under election law for the Secretary to list him as a candidate in the presidential primary.”
Supreme Court to decide whether to ban Trump from Colorado ballot in historic case
The issue could turn into whether the high court interprets “officer of the United States” to apply to the president’s actions while in office.
argument
Trump’s lawyers stated in their brief on merits: [Supreme] Courts should quickly and decisively end these voting disqualification efforts. The effort threatens to disenfranchise tens of millions of Americans and could create chaos if other state courts and authorities follow Colorado’s lead and exclude potential Republican presidential candidates from elections. It promises to cause mayhem. their ballots. ”
Trump’s team argued that the Constitution treats the office of president separately from other federal employees.
The U.S. Supreme Court is preparing to debate whether President Trump should be excluded from Colorado’s primary ballot ahead of the 2024 presidential election. (Olivier Drierly/AFP via Getty Images)
“The president swears a separate oath set forth in Article II, in which he promises to “preserve, protect, and defend the Constitution of the United States,” but where does the word “support” appear in it? I can’t find any,” the Trump campaign wrote, appearing in Section 3.
But lawyers for Colorado voters who are challenging Trump’s eligibility responded by saying, “Trump’s position is more political than legal. “They are subtly threatening to ‘make a fuss’ if they don’t. But we’ve already seen that attitude.” Article III is precisely designed to avoid giving oath-breaking insurrectionists like Trump the power to cause such mayhem again.
The brief also likened President Trump to a “mob boss” and added, “No one is above the law, not even a former president.”
This is also a problem:
27 states back Trump on Supreme Court; President Trump warns of “chaos” in 2024 if he is removed from the vote
– Whether state courts or elected state officials can unilaterally enforce constitutional provisions and declare candidates unfit for federal office (so-called “self-enforcement” powers), or whether it is exclusively the U.S. Congress. jurisdiction? Also, whether President Trump can be disqualified without a thorough fact-finding or criminal trial.
– Is this a purely “political” issue for voters to ultimately decide?
– Whether the U.S. Senate’s acquittal in his impeachment trial on Jan. 6 makes him eligible to seek reelection.
– and whether Article 3 only prohibits individuals from “holding” public office, and not from “seeking or winning” election to public office.
impact
More than a dozen states have pending legal challenges to President Trump’s voting eligibility.
At least 16 state courts and the secretary of state have already ruled that his name can appear on the ballot. So far, only two states have hidden his name: Colorado and Maine.
Many states have sided with the former president, with at least 16 state courts and the secretary of state allowing his name to appear on the ballot. (Scott Olson/Getty Images)
Other states are looking forward to follow-up reports. The Oregon Supreme Court dismissed a related case earlier this year, but notified the coalition of voters that it could sue again based on the U.S. Supreme Court’s ruling.
In conducting what is expected to be a long and contentious oral argument, the justices will likely focus on the events of January 6 and the pivotal speech President Trump made to his supporters just before Congress certified the Electoral College vote. He will be forced to reconsider his speech.
President Trump has repeatedly maintained that he was not trying to incite violence and that he is protected by First Amendment guarantees that are particularly pertinent for the head of federal office.
The attack on the US Capitol left 140 law enforcement officers injured and members of Congress and Vice President Pence fled from the mob that broke into the building.
The Colorado ruling is on hold pending a final ruling from the U.S. Supreme Court.
Maine Supreme Court won’t rule on Trump vote eligibility until after Colorado Supreme Court ruling
The state’s 2024 presidential primary Republican ballots with Trump’s name on them have already been certified by Colorado’s secretary of state.
However, if Trump is ultimately declared ineligible to hold office by the state’s March 5 primary, votes cast in his favor will be invalidated.
The Supreme Court has traditionally been reluctant to get involved in overt political disputes, especially elections.
Partisan counterattack to the 2000 Bush v. Gore decision This voice still resonates today, giving the public the impression that many of the judges harbor partisan political agendas.
“Sometimes the Supreme Court has no choice but to get involved in election cases, because election cases are areas where the Supreme Court, unlike most other courts, does not even have discretion over whether to litigate or not.” That’s why,” said Brianne Gorrod, the agency’s chief counsel. Constitutional Accountability Center.
“There are several voting rights and election cases that the Supreme Court will need to resolve on the merits.”
Arguments in the Colorado voting case will be heard on Thursday, February 8 at 10 a.m. ET. (AP Photo/Jacqueline Martin, File)
onwards …
It is important to note that legal arguments surrounding “riots” have reached the Supreme Court on the issue of voting eligibility.
Special Counsel Jack Smith has separately indicted Trump on election interference charges leading up to the January 6 riot, but the former president has not been specifically charged with “insurrection” or “insurrection.” . The four charges he faces are related to conspiracy and obstruction. Some legal scholars have pointed out that a criminal conviction is not required for Article 3 to take effect.
The Supreme Court may soon be asked to decide on a key part of Smith’s federal case: whether President Trump has “absolute immunity” for alleged crimes committed while in office.
A federal appeals court is considering the issue, and the matter could soon be brought quickly to the high court.
President Trump’s criminal trial was scheduled for March 4, 2024, but if the Supreme Court considers the issue, it will likely have to be delayed beyond the November election.
The former president also faces state criminal charges for alleged election interference in Georgia. A federal criminal prosecution for alleged mishandling of classified documents is being filed in Florida, also led by a special prosecutor. and a New York state criminal case over allegations of falsifying business records to pay hush money to a porn star.
Pro-Trump demonstrators rally at the U.S. Capitol on January 6, 2021, in Washington. President Trump is facing four charges under the prosecution of Special Counsel Jack Smith for election interference leading up to the January 6 riot. (AP Photo/Jose Luis Magana, File)
And various civil lawsuits have been filed against Trump, including lawsuits. Charges of fraud related to various Trump-related businesses. and an $83 million defamation judgment stemming from sexual assault allegations.
It is unclear whether any of these cases will ultimately reach the U.S. Supreme Court on appeal on the merits. It may not be considered for years.
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In the short term, further petitions with the name “Trump” on the cover could seriously erode public trust in a judiciary designed to subvert partisan politics.
“I don’t think the courts are really following the political calendar,” said Thomas Dupree, a top Justice Department prosecutor during the George W. Bush administration. “I think they obviously recognize the fact that we’re in an election year, but I don’t think the fact that it’s an election year is going to dictate the outcome of these decisions.” ”
The voting case is Trump v. Anderson (23-719).
