On Thursday the U.S. Supreme Court will hear former President Donald J. Trump's appeal to remain on the upcoming presidential ballot in what some consider the most significant election in over 20 years.
The court will hear arguments over whether the former president disqualified himself from reclaiming the White House due to efforts to undo his loss in the 2020 election that culminated in the Jan. 6 attack on the U.S. Capitol.
This was the first time the justices had to consider a constitutional provision adopted after the Civil War to prevent a former elected officials who engaged in insurrection from holding office ever again.
Traditionally, the Supreme Court does not like to step in as arbiter of a political dispute as the final word.
Last year the Colorado Supreme Court ruled that Trump did indeed incite the riot at the U.S. Capitol and therefore should be ineligible to be president again.
What About The Primary Ballot?
The state also ruled that he should not be on the primary ballot in March. This is the first time that Section 3 of the 14th Amendment was applied to a presidential candidate. Trump's attorney's contend that the Jan. 6 incident was not an insurrection but, even if it was, the former president did not participate.
The amendment's phrasing also excludes the presidency and candidates running for president, they say. Further hedging their bets, Trump's defense team states that, even if they're wrong in their interpretation of the law, Congress must pass legislation to modernize Section 3.
Colorado Republican and independent voters who sue the state to remove Trump's name from the Colorado ballot contend that there is evidence to suggest that the incident did indeed constitute an insurrection, and that it was incited by Trump.
They also assert that it is ridiculous to apply Section 3 to everything except the presidency. A final ruling would end Donald Trump's election efforts in Colorado, Maine, and any other state that chooses to bar him for that reason.
Both the Colorado Supreme Court and the Maine Secretary of State's rulings are on hold until the appeals play out.
Some Democrats have called on Justice Clarence Thomas to recuse himself because his wife, Gini, not only supported Donald Trump's reelection campaign, but also attended the rally that preceded the storming of the Capitol.
