The Supreme Court Likely to Reject Attempts to Remove Trump from Ballot Following Capitol Riot
In a case that has captured national attention, the Supreme Court appears ready to reject attempts to remove former President Donald Trump from the 2024 ballot. Conservative and liberal justices seem to be in agreement, signaling a potential definitive ruling in favor of Trump. This would effectively put an end to efforts in Colorado, Maine, and other states to prevent his name from appearing on the ballot.
The justices could make a decision quickly, possibly by Super Tuesday on March 5th, when several states will hold primaries. During arguments, both conservative and liberal justices expressed skepticism about disqualifying Trump from being president again based on his actions following the 2020 election. The main concern raised was whether Congress needs to take action before states can invoke a constitutional provision that was implemented after the Civil War to prevent former officeholders who engaged in insurrection from holding office again.
The case began when the Colorado Supreme Court ruled that Section 3 of the 14th amendment could be applied to Trump, finding that he incited the attack on the U.S. Capitol on January 6, 2021. However, on the Supreme Court level, the justices seemed more interested in the issue of congressional action and whether a single state should have the power to decide who gets to be president.
While some justices expressed openness to arguments made by Trump’s lawyer, Jonathan Mitchell, Justice Sonia Sotomayor appeared more skeptical. It is unclear how she will ultimately vote, but her questioning during the arguments suggested potential opposition to upholding the Colorado ruling. Interestingly, the justices spent little time discussing whether Trump actually engaged in insurrection, focusing more on legal technicalities and congressional involvement.
Despite facing criminal charges related to the events of January 6th, Trump’s lawyers argued that the amendment cannot be used to keep him off the ballot. They contended that the Capitol riot was not an insurrection, and even if it was, Trump did not directly participate. They also argued that the wording of the amendment excludes the presidency and candidates running for president. Additionally, they claimed that Congress must pass legislation to reinvigorate Section 3.
Lawyers representing the voters who sued to remove Trump’s name from the Colorado ballot countered these arguments, emphasizing that there is ample evidence of an insurrection and Trump’s incitement. They argued that it would be absurd to apply Section 3 to everything but the presidency or to exempt Trump from its provisions. They also highlighted that enabling legislation is unnecessary.
The Supreme Court’s ruling on this case could have far-reaching consequences. If they uphold the Colorado decision, it would be a significant declaration that Trump engaged in insurrection and is barred by the 14th Amendment from holding office again. This would allow states to keep him off the ballot and potentially jeopardize his campaign. However, the justices may also opt for a less conclusive outcome, knowing that the issue could resurface in the future and lead to a constitutional crisis.
It is worth noting that Trump has appointed three of the current justices, who have previously considered various Trump-related cases. They have declined his claims of election fraud and refused to shield his tax records from Congress and prosecutors in New York. The court will also hear an appeal in April from one of the individuals charged in the Capitol riot, which could impact the charges brought against over 300 people, including Trump.
The Supreme Court’s role in this case is reminiscent of its involvement in the disputed 2000 election that favored George W. Bush. Justice Clarence Thomas is the only member of the current court who also participated in Bush v. Gore. Despite calls for him to recuse himself due to his wife’s support for Trump’s efforts to overturn the 2020 election results, Thomas has remained involved in the case.
As the country awaits the Supreme Court’s decision, Trump expressed confidence in the argument presented on his behalf. Speaking to reporters at his Mar-a-Lago club in Florida, he called the Supreme Court argument “a beautiful thing to watch” and expressed hope for the continued preservation of democracy in the United States.
In the coming days, Trump may return to the Supreme Court seeking an emergency order to keep his election subversion trial on hold. This would allow him to appeal lower-court rulings that he is not immune from criminal charges. This separate issue adds another layer of complexity to the legal battles surrounding Trump and raises questions about his potential legal consequences beyond the ballot.
Overall, the Supreme Court’s ruling on attempts to remove Trump from the ballot following the Capitol riot will have significant implications for the 2024 presidential election. The court’s conservative and liberal justices appear poised to reject these attempts, focusing on issues of congressional action and state power. As the case continues to unfold, the nation awaits a decision that could shape the future of American politics.
