The Supreme Court appears ready to dismiss efforts to remove former President Donald Trump from the 2024 ballot. Both conservative and liberal justices seem to be in agreement, as they find themselves at the center of a crucial presidential election case.
A decisive decision regarding Trump, the frontrunner for the Republican presidential nomination, would effectively put an end to the attempts in Colorado, Maine, and other places to block his inclusion on the ballot.
The justices may take swift action, potentially by Super Tuesday on March 5th, when Colorado, Maine, and 13 other states are scheduled to hold primaries.
Both conservative and liberal justices raised concerns during the arguments on Thursday regarding the possibility of disqualifying Trump from running for president again. They specifically focused on his attempts to overturn his loss in the 2020 election to Joe Biden, which culminated in the attack on the US Capitol on January 6, 2021.
Per AP News, their primary focus revolved around the question of whether Congressional action is required prior to states invoking a constitutional provision established after the Civil War. This provision aims to prohibit former officeholders who participated in insurrection from holding office again. There were also inquiries regarding the president's eligibility under the provision.
In a groundbreaking decision, the Colorado Supreme Court has determined that Section 3 of the 14th amendment can be invoked in the case of Trump, who has been found responsible for inciting the Capitol attack.
However, it seems that the Supreme Court is inclined to steer clear of cases where it has to make the final decision on political disputes. In this particular case, the justices seemed to be looking for a ruling that everyone could agree on, and the idea of congressional action garnered the most support.
Justice Elena Kagan, along with other justices, expressed curiosity about the rationale behind allowing a single state to determine the President of the United States. The case, titled Donald J Trump v Norma Anderson et al, has been ongoing.
According to the provision, individuals who are sworn to defend the constitution but later participate in insurrection are prohibited from holding office. A two-thirds vote by both chambers of Congress is required to override the ban.The Colorado voters argued in their lawsuit, filed last year in state court, that Trump's behavior during the January 6 Capitol attack renders him unfit for federal office.
Following a five-day trial, a judge determined that Trump had participated in insurrection. However, the judge concluded that Trump did not hold the position of a "officer of the United States" and therefore chose not to disqualify him from the ballot. In a December ruling, the Colorado supreme court made a 4-3 decision to reverse the previous ruling, ultimately preventing him.
Will Trump be Removed From Ballot Nationwide?
In January, the US supreme court agreed to hear the case.A significant portion of the discussion on Thursday revolved around the question of whether states possess the authority to independently enforce section 3 and disqualify a candidate from the ballot without the need for Congress to first enact a statute with an enforcement mechanism.
Several lawsuits have been filed in an attempt to remove Trump from the ballot, but only Colorado and Maine have succeeded in doing so. Last month, a judge in Maine issued an order to the secretary of state, instructing them to refrain from excluding Trump until a decision was made by the US supreme court.
Many experts argue that Trump holds a significant advantage in the court due to the conservative supermajority of 6-3, with three justices being nominated by Trump himself.
During their briefing to the supreme court, Trump's lawyers have expressed concerns about potential disruptions and disorder in the US if a prominent presidential candidate is prevented from appearing on the ballot.
An array of arguments was presented to the justices, highlighting reasons why he should not be disqualified. These included the assertion that the term "officer" does not encompass the president and the claim that he did not partake in insurrection. The Colorado supreme court's ruling, if upheld, would not result in an automatic removal of Trump from the ballot nationwide, as per The Guardian.
Although certain states have resisted attempts to exclude Trump from the primary ballot, a ruling from the supreme court that he can be disqualified would likely trigger a rapid series of challenges in state courts and other tribunals to prevent him from appearing on the general election ballot.
