Legal scholars and activistspredominantly from the left been arguing for months for the Constitutional clause from the Civil War should bar the former president Donald Trump, the current Republican frontrunner for the presidency, from assuming office for a second time.
They argue that Trump’s statements as well as his actions in the aftermath of January. 6. U.S. Capitol attack violate Section 3 of the 14th Amendment, which prohibits the president from office to anyone who “engaged in rebellion or insurrection” towards an entity like the United States. Liberal-leaning groups have taken this argument to the courts of several states.
Colorado was the first state to reach an agreement on Tuesday after the state’s Supreme Court ruled that Trump cannot be on the state’s primary ballot.
“Because that he’s not qualified and therefore disqualified, it is illegal under the Election Code for the Secretary to include him as a presidential candidate on the primary ballot for president,” reads the 213-page opinion.
The landmark ruling of 4-3that overturns an earlier district court’s decision from the month of Juneit marks the very first instance that that a high court of any state has ruled it necessary to apply Section 3 applies to both Trump’s behavior and the office of president.
The justices, all selected to serve by Democratic governors in a state that is increasingly blue are aware the fact that they are in “uncharted area.”
In order “to keep the status quo” they delayed their decision until January. 4, which is the day before the secretary state’s deadline for certifying primary ballots (Colorado’s presidential primary is scheduled to take place on March 5). So, should there is a chance that the U.S. Supreme Court agrees to hear the case, and is not yet in the process by this date Trump’s name will be listed on the ballot at last.
Trump presidential campaign spokesperson Steven Cheung called the decision “completely flawed” and promised to “swiftly make an appeal with the United States Supreme Court and an application for an indefinite stay of this utterly democratically flawed decision.”
To his credit for his part, President Biden declared on the following day that Trump “certainly believed in an insurrection however he added: “Now whether the 14th Amendment is in effect I’ll let the court make the decision.”
What’s next what could happen in Colorado or beyond?
Justin Levitt, a constitutional law professor at Loyola Law School, told NPR that in the event that there’s a petition to request U.S. Supreme Court review to be in place before Jan. 5th There’s an “99.9 percent” possibility that Trump remains in the Colorado primary ballot.
If Trump -having a steadily growing leading position in GOP polls wins his primary election, Levitt expects there will be a similar legal attempt to prevent him from being on being on the ballot for general election, for similar reasons.
“All that is very important in the months to come when we’re likely to the same fight,” he adds. “But the immediate impact of this is unlikely to be decisive in the initial.”
Republicans are threatening to pull out of the Colorado primary
Some of the most prominent Republicans -including Trump’s opponents in the race for the presidency -they are getting ready to criticize on the Colorado court’s decision. Some have already announced that they will engage in a lawsuit against the decision.
Ronna McDaniel, chair of the Republican National Committee, posted online she wrote online that “our Legal team is looking eager to assist in fighting for an outcome,” referring to Trump’s anticipated appeal.
Within hours of the decision was handed down on Tuesday, Donald Trump’s campaign sent out an email that reads “REMOVED from the ballot,” urging supporters to contribute the campaign money. The request is certainly not the only solicitation in connection with the Colorado case by Trump who is often seen to solicit donations to fundraise from his legal troubles -and whose persona is based on the idea of being targeted by enemies.
The Colorado Republican Party similarly launched an online campaign soliciting supporters to “help us to keep Trump off the polls and stop the election interferers.”
Colorado Republicans also threatened to pull out of the primary and move to a party-controlled caucus-based system in the event of a ruling that is not upheld.
“We’re not going to take this lightly and, if necessary, we’ll pull out of the primary election and switch to a caucus-style process that will allow our voters to pick Donald Trump if they want,” state Rep. Dave Williams, the extremely conservative chairman of the Colorado Republican Party, said to CNN this week.
This could be a lot more difficult to accomplish However, it appears that the RNC has already accepted its state-specific nomination program, ABC News reports. Williams said to the media publication the outlet that Colorado Republicans would “seek a waiver, and most likely be granted the waiver.”
Some of Trump’s GOP rivals are backing Trump in this particular case.
Vivek Ramaswamy vowed in an video and statement to pull out of his Colorado GOP primary ballot “until Trump is allowed to appear in the primary ballot.”
New Jersey Gov. Chris Christie, who’s campaigned to block Trump from regaining his presidency The governor criticized the ruling of the court immediately after it was released. In a speech at an occasion at a party in New Hampshire, he said Trump should not be stopped from becoming the president by any tribunal, but by the people who voted for him.
What does Colorado’s decision might have for the nation
Legal experts and election officials have been predicting for years that this. Trump 14th Amendment challenges would eventually be decided by the U.S. Supreme Court, to be decided by the nation as a whole instead of on a state-by-state basis.
Courts have blocked similar initiatives on the part of Arizona, Minnesota and Michigan but other legal cases are being fought — or are yet to be decidedin other states.
Levitt of Loyola the University of Colorado, said that Colorado’s decision doesn’t directly impact the other cases.
Its “thoughtful” opinion provides other judges something to consider to determine whether they concur or disagree with the decision, he said. But, he added, the motives remain essentially identical for Trump’s team to slow the process and for the opposing side to accelerate the process.
“It does this a few months from now but it doesn’t stop the clock for any other actions,” he explained.
The Supreme Court has a supermajority of conservatives comprising 3 justices who were who were appointed by Trump himself however, it’s not known what its decision will be regarding this appeal. Colorado appeal.
Kim Wehle, a professor at the University of Baltimore School of Law, told Morning Edition that she is convinced that the Supreme Court would take this case seriously due to the implications of this case not only for 2024, but for the future as well.
“I believe there should be a motivation for the president to tell potential presidents, ‘Listen to me, don’t make the same mistake as what happened on Jan. 6th, there will be consequences and there will be consequences,'” she said. “But we live in a highly politicized world, and we have probably, a politicized Supreme Court.”
Experts suggest to return the case to the state court, or even omit deciding on the merits of the case in any alternative manner (like looking at the wording of the clause, like earlier the court of lower appeals in Colorado had done).
It’s not the only case of consequence involving Trump before the Supreme Court. The special counsel for the federal government has asked the justices quickly determine if Trump had vast immunity from criminal charges as a because of his presidency.
In examining in the context of 14th Amendment, Levitt says the issue is not whether Trump is a qualified candidate for office, but rather who is able to make the decision. He thinks the judges will prefer to let voters decide and is slightly doubtful of the idea that “the law will determine this issue prior to the decision of the people.”
“There are many concerns that, should we reach November and the American citizens decide that not to accept him to be the president of their country, the courts won’t have to make a decision,” he adds.
NPR’s Vanessa Romo contributed reporting.
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