The US Supreme Court is set to make a historic decision regarding the eligibility of former President Donald Trump to run for president. The case revolves around Trump’s actions surrounding the Capitol riot and whether they constitute “insurrection or rebellion” under Section 3 of the 14th Amendment. Two states, Colorado and Maine, have already deemed Trump ineligible for their primary ballots, but the Supreme Court’s ruling will have nationwide implications.
The Colorado Supreme Court was the first to invoke Section 3 of the 14th Amendment against a presidential candidate, disqualifying Trump from the primary election. The court found “clear and convincing evidence” that Trump engaged in insurrection, based on his actions leading up to January 6, 2021. Trump’s lawyers argued that he should not be disqualified because he did not bear responsibility for the riot and has not been criminally charged with inciting insurrection.
Meanwhile, in Maine, Secretary of State Shenna Bellows ruled that Trump was ineligible under Section 3 due to his use of a false narrative of election fraud to incite his supporters. Trump’s name remains on the ballot in both Colorado and Maine until the Supreme Court issues its ruling.
The Supreme Court has fast-tracked the case due to the upcoming primaries in Colorado and Maine on March 5, known as Super Tuesday. The court is under pressure to decide before these primaries to avoid a patchwork of different eligibility rules across states. The court will hear arguments on February 8 and is expected to rule soon afterwards.
The outcome of the case could have significant implications for the general election. While Trump is still expected to win the Republican nomination, his potential disqualification in Colorado and other states could impact the closely contested presidential race. If Trump were to be barred from running in a key swing state where he and President Joe Biden are neck-and-neck, it could shift the outcome of the election.
Furthermore, the Supreme Court’s decision will set a precedent for similar lawsuits in other states seeking to disqualify Trump from running. If the court rules in favor of disqualification, it could weaken Trump’s campaign and limit his chances of entering the White House again.
The case raises two main legal questions: whether Trump’s actions amounted to insurrection and whether Section 3 applies to the presidency. While a lower court in Colorado ruled that Trump engaged in insurrection but that the law did not apply to the presidency, the Colorado Supreme Court disagreed. Legal scholars are divided on whether Section 3 should apply to Trump, and his lawyers argue that his remarks on the day of the Capitol riot were protected by free speech.
The Supreme Court’s decision will also shed light on the current balance of the court, which has become more conservative in recent years with the appointment of three justices by Trump.
In conclusion, the Supreme Court’s decision on Trump’s eligibility for the presidential ballot will have far-reaching implications. It will determine whether Trump can run in the primaries in Colorado and Maine, as well as set a precedent for similar cases in other states. The decision could impact the outcome of the general election and shape the future of US politics. As the case unfolds, it will be crucial to closely monitor the court’s ruling and its potential consequences.
