The Supreme Court is currently deliberating on a crucial case that revolves around whether former President Donald Trump should be removed from the Republican primary ballot in Colorado. This decision stems from his actions in attempting to overturn the results of the 2020 election. Oral arguments are scheduled to commence shortly after 10 a.m. and may endure for several hours.
If Trump loses this case, its implications could be far-reaching, as other states might follow suit and impose obstacles on his campaign to reclaim the presidency in the upcoming fall. Moreover, conservative-controlled state officials have already cautioned that they might seek to remove President Joe Biden from the ballot in response.
The Supreme Court, which is predominantly conservative with a 6-3 majority, will address novel and significant legal issues concerning Section 3 of the 14th Amendment to the Constitution. This amendment was enacted following the Civil War and aims to prevent former Confederates from regaining power within the U.S. government. It states that anyone who previously held the position of an “officer of the United States” and subsequently engaged in insurrection is barred from holding federal office.
In December, the Colorado Supreme Court ruled that Trump could be excluded from the Republican primary ballot, but the decision was temporarily suspended while he filed an appeal. It is worth noting that Trump is not expected to be present in the courtroom during the proceedings, despite his frequent attendance at recent court hearings.
The legal challenge was filed on behalf of six Colorado residents, four of whom are Republicans. The left-leaning government watchdog group Citizens for Responsibility and Ethics in Washington, along with two law firms, initiated the lawsuit. The plaintiffs allege that Trump intentionally organized and incited a violent mob to attack the United States Capitol as a desperate attempt to impede the counting of electoral votes against him.
Trump’s legal team has presented several arguments to dismiss the lawsuit, including that the president is not an officer of the United States, he did not engage in insurrection, and only Congress has the authority to enforce Section 3.
During the hearings, the justices will hear from lawyers representing Trump, the Colorado plaintiffs, and Colorado Secretary of State Jena Griswold, who serves as the state’s top election official. The conservative majority on the Supreme Court comprises Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, who were appointed by Trump. Justice Clarence Thomas, another conservative on the court, faced scrutiny concerning his involvement in the case due to his wife’s support of Trump’s challenge to the election results. Some Democrats suggested that Thomas should recuse himself.
Despite the conservative tilt of the court, it has frequently ruled against Trump since he left office. The importance of the Colorado case was amplified when Maine’s top election official determined that Trump was ineligible for the Republican primary ballot in that state as well. However, like the Colorado dispute, the Maine case was also postponed, meaning that Trump remains on the ballot in both states, at least for now.
The Supreme Court is expediting the Colorado case, and a ruling is expected within weeks. Notably, Colorado is one of more than a dozen states that have their primary elections scheduled for March 5.
Source: F5 Magazine