The US Supreme Court will consider Donald Trump’s appeal of the Colorado decision that, following the US Constitution’s 14th amendment, he ought to be disqualified from state ballots for encouraging an uprising.
According to the former president’s attorney, Kavanaugh will “step up” to keep Trump on the ballot. On Friday, the court issued a brief order that ushered in a momentous occasion in American history.
On February 8th, the case will be heard. A prompt decision is anticipated since the Republican presidential primary will already be well underway in Iowa, New Hampshire, and Nevada, and because Trump has also been excluded from the ballot in Maine due to a verdict that is being appealed in state court.
The date of the Colorado primary is March 5. Voters living abroad must start receiving ballots from the state government on January 20 and everyone else between February 12 and 16. Nonetheless, the order suspending Trump is delayed while the Supreme Court considers the case.
Donald Trump Ballot case
With a high-profile presidential race this year, the case is expected to proceed quickly and under intense scrutiny. With the oral argument set for February 8, the appeal will be extremely expedited; thus, briefs will probably be due as soon as possible, maybe a week or 10 days for each side,” according to a University of Richmond law professor.
Following his impeachment and subsequent acquittal by the Senate on January 6, 2021, cases against Trump grew. He then quickly rose to prominence in the Republican presidential primary for 2024, all the while clinging to the falsehood that Joe Biden’s defeat of him in 2020 was the consequence of electoral fraud.
In other states, Trump’s attempts to invoke the Fourteenth Amendment have either failed or are still pending.
On December 19, the Colorado Supreme Court rendered a decision against Donald Trump, but it was postponed until January 4 in anticipation of an appeal.
This appeal was filed earlier this week. Trump’s attorneys contended that only Congress could mediate these disagreements and that the vice presidency and the presidency are not covered by the relevant language in Section 3 of the 14th Amendment.
Well-known legal experts have stated that Donald Trump should not be allowed to run for president under the 14th Amendment, including Harvard Law School professor Laurence Tribe and retired conservative judge J. Michael Luttig.
According to him, the decision made by the US Supreme Court will be “arguably the most important constitutional decision in our history.”
Other voices have questioned whether Section 3 applies to the presidency or to someone who has not been found guilty of rebellion. These views include those of conservative professors and solicitors, as well as all of Donald Trump’s main rivals for the Republican nomination.
According to the majority (as well as a few prominent Democrats), the Colorado decision is anti-democratic since voters should be the ones to determine whether or not Trump is qualified to hold office.
In response to such claims, Luttig asserts that the 14th Amendment explicitly states in Section 3 that disqualification is not “anti-democratic.” Instead, as required by the constitution, it is the behaviour that results in disqualification that is anti-democratic.
In addition, Donald Trump is facing a plethora of legal threats, including litigation about his business dealings, a defamation claim stemming from an alleged rape that a judge deemed to be “substantially true,” and 91 criminal accusations under four indictments.
Still, he leads Republican pollsters by substantial majorities. The United States would be uncharted territory if the Supreme Court decided against him in the Colorado case.
The campaign is in favor of “a fair hearing at the Supreme Court to argue against the bad-faith, election-interfering, voter-suppressing, Democrat-backed, and Biden-led 14th Amendment abusing decision” in Colorado, according to Donald Trump spokesperson Steven Cheung on Friday.
Cheung further asserted that the Colorado case and similar ones were “part of a well-funded effort by left-wing political activists hell-bent on disenfranchising voters to stop the lawful re-election of President Donald Trump this November.”