Last Friday, the US Supreme Court decided to hear Donald Trump’s appeal of the Colorado Supreme Court’s decision to bar him from Colorado’s Republican primary ballot for the 2024 presidential election. Due to the high stakes of this decision, the Court fast-tracked this case and will hear oral arguments on February 8th. The Colorado primary is scheduled for March 5th, and the Supreme Court’s decision may determine whether Trump can run in the 2024 presidential election. The Supreme Court is entering into controversial territory, as either way they decide the case could be considered partisan during a highly divisive time in American politics. Let’s get into the details.
Background
Last month, in a decision that shocked the nation, the Colorado Supreme Court ruled that former president Donald Trump was disqualified from appearing on Colorado’s Republican primary ballot because he engaged in the January 6th insurrection. The Colorado case centered on Section 3 of the 14th Amendment, which provides for the disqualification of those wishing to hold office if they have engaged in an insurrection against the Constitution after taking an oath to uphold it. It was implemented following the Civil War to prevent former Confederate members from holding office. Check out this blog post for further details on the Colorado Supreme Court’s decision.
As the case heads to the Supreme Court, on one side of the aisle is Donald Trump and his supporters arguing that the Colorado disqualification decision is “part of a well-funded effort by left-wing political activists hell-bent on stopping the lawful re-election of President Trump…” Many Republican politicians believe the Colorado decision was outlandish election interference. On the other side of the aisle is the group Citizens for Responsibility and Ethics (CREW) –a liberal Washington-based group and its supporters who believe that Trump should be held accountable for his participation in the January 6th insurrection and that allowing him to run for president is against the democratic values ingrained in and protected by the Constitution.
The Colorado decision “marked the first time that Section 3 of the 14th Amendment…was used to deem a presidential candidate ineligible,” so the Supreme Court is entering into unexplored Constitutional territory as it grapples with legal questions never considered by any Supreme Court in history.
Legal Issues at Play
Many legal questions are involved in this case, ranging from whether the events on January 6th constituted an insurrection, to whether Trump took part in insurrectionist activity. And, if he did, whether Section 3 applies to the office of the presidency. The legal implications of this case will be broad and undoubtedly expand beyond Colorado –potentially impacting whether Donald Trump can even run for president in the 2024 election.
According to the NY Times, the Justices may decide this case without touching on these legal issues. “They could, for instance, say that the matter is a political question not fit for judicial resolution, that the courts are not free to act unless Congress enacts legislation, or that Section 3 does not apply to the presidency.”
There is also the matter that Trump has not been criminally convicted of insurrection, and the Supreme Court may want to wait and see how the other Trump lawsuits play out before deciding whether he can appear on the ballot. Currently, Trump faces criminal charges in two separate cases “related to his efforts to overturn his 2020 loss to Biden.”
National Implications of the Court’s Decision
Colorado is not the only state that has taken up the issue of whether Trump can remain on the primary ballot for the 2024 election. After the Colorado decision was handed down, Maine’s top election official also barred Trump from Maine’s ballot –an order that Trump’s legal team appealed in state court. Furthermore, challenges to whether Trump can appear on the primary ballot exist in Michigan, Minnesota, Illinois, Oregon, Massachusetts, and New York, to name a few. Thus, the Supreme Court’s decision in the Colorado case will have broader implications for all other states. “Legal scholars and state election officials have urged the court to quickly settle the question of Trump’s eligibility as a candidate to ensure all states follow the same policy ahead of this year’s primary voting.”
Colorado and Maine have their primaries on March 5th, known as Super Tuesday, and ballots are mailed to most voters in Colorado starting February 12th –just four days after the Supreme Court is set to hear oral arguments. With the primaries rapidly approaching, the highest Court in the land is faced with history-altering legal decisions that it will have to make in a matter of weeks.
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Sources:
https://www.nytimes.com/2024/01/05/us/trump-supreme-court-colorado-ballot.html
https://www.washingtonpost.com/politics/2024/01/05/supreme-court-trump-colorado-ballot-insurrection/
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason