Supreme Court hears landmark election case seeking to kick Trump off ballot over Capitol attack

Feb 8, 2024



Washington: The Supreme Court Former President will listen on Thursday Donald TrumpAppeal to stay on 2024 votemost consequential of judges election issue Since Bush v. Gore in 2000. The court will debate whether Trump is ineligible to reclaim the White House because of his efforts to overturn his loss in the 2020 election, which ended with the attack on the U.S. Capitol on January 6, 2021 . ,
The judge will consider this case for the first time constitutional provisions It was adopted after the Civil War to prevent former officials “involved in rebellion” from holding office again.
This sets up exactly the kind of case the Court prefers to avoid, in which it is the final arbiter of a political dispute.
The Colorado Supreme Court ruled that Trump incited the riot in the nation's capital and that he is ineligible to run for president again. As a result, he should not run in the state's primary election on March 5, the court ruled. This was the first time that Section 3 of the 14th Amendment was applied to a presidential candidate.
Trump's lawyers argue that the amendment cannot be used to keep Trump from voting for several reasons.
For one thing, he argues that the January 6 riot was not an insurrection, and even if it was, Trump would not have participated. He says that the wording of the amendment does not even include the post of President and candidates standing for the post of President. Even if they are wrong about all this, they argue that Congress should pass legislation to reaffirm Section 3.
Lawyers for Republican and independent voters who filed a lawsuit to remove Trump's name from Colorado ballot counters said there is ample evidence that the events of January 6 constituted an insurrection and that Trump incited it. They say it would be absurd to apply Section 3 to everything except the presidency or that Trump is somehow exempt. And this provision does not require any enabling legislation, he argues.
A definitive verdict for Trump would largely end efforts to block his name from appearing on the ballot in Colorado, Maine and elsewhere.
A decision to uphold Colorado's decision would be tantamount to the Supreme Court declaring that Trump was complicit in insurrection and is barred by the 14th Amendment from holding office again. That would allow states to keep him off the ballot and jeopardize his campaign.
The justices could opt for a less decisive outcome, but with the knowledge that the issue could come back to them, perhaps after the general election in November and amid a full-blown constitutional crisis.
Trump is separately appealing a ruling by Maine's Democratic Secretary of State Shenna Bellows in state court that he is ineligible to appear on that state's ballot because of his role. attack on the capitol, The decisions of both the Colorado Supreme Court and the Maine Secretary of State are on hold pending a hearing on appeals.
The court has indicated that it will seek to act expeditiously, which would dramatically reduce the time required to receive written briefings and argue in the courtroom.
People began lining up outside the court on Wednesday in hopes of securing one of the few seats allotted to the public. “This is a historic decision and, to quote Hamilton, I want to be in the room where it happened,” said Susan Acker of Cincinnati, Ohio, who was in line with two friends.
The issues may be new, but Trump is no stranger to the judges, three of whom were appointed by Trump while he was president. He has taken on a number of Trump-related cases in recent years, refusing to acknowledge his claims of fraud in the 2020 election and refusing to shield tax records from Congress and prosecutors in New York.
Before the Supreme Court ends up deciding the case, the justices will almost certainly deal with another appeal from Trump, who is expected to seek an emergency order to halt his election sabotage lawsuit so that he can Can appeal against the decisions of the lower court. Is not immune from criminal charges.
In April, the court will also hear an appeal by one of the more than 1,200 people charged in the Capitol riot. The case could overturn charges filed by prosecutors against more than 300 people, including Trump.
The court last played such a central role in presidential politics in its 5-4 decision that effectively ended the disputed 2000 election in favor of George W. Bush.
Justice Clarence Thomas is the only member of the court who also participated in the Bush v. Gore case. Thomas has ignored calls by some Democratic lawmakers to recuse from the case because his wife, Ginny, supported Trump's effort to overturn the 2020 election results and attended a rally before the storming of the Capitol by Trump supporters. Was.



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