He Supreme Court of USA this Monday declared the expulsion of the former president unconstitutional Donald Trump (2017-2021) of the Republican primaries in Coloradoa ruling that paves the way for him to be chosen as his party’s candidate for president.
The decision of the highest court, which was announced on the eve of ‘Super Tuesday’, a key date on the road to the White House, could also affect similar complaints filed by the states of Maine e Illinois.
The justices of the Supreme Court, where conservatives hold the majority, argue that under the Constitution, it is the responsibility of Congress and not the states to enforce Section 3 of the 14th Amendment, which was used by the Colorado Supreme Court to rule in against Trump.
Specifically, the Colorado Supreme Court found that Trump participated in an attempted “insurrection,” which disqualifies him from holding public office, as established in Section 3 of the 14th Amendment to the Constitution.
This amendment, approved in 1868 after the Civil war In the United States, it aimed to prevent the rebel southerners of the Confederacy, who had sworn allegiance to the Constitution and then betrayed it, from gaining power.
«We conclude that states can disqualify people who hold or attempt to hold state positions. However, the states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”reads the ruling.
Although the justices offered different reasons, the decision was unanimous and marks the Supreme Court’s most direct intervention in an election since the decision Bush v. Gorewhich resolved a dispute over votes in Florida and finally awarded victory to George W. Bushwho served as president between 2001 and 2009.
On February 8, the Supreme Court judges held a hearing to hear the arguments of the parties on the Colorado case and even then they were reticent about the implications that Trump’s expulsion from the Colorado primaries could have at the national level. state, especially ahead of the November elections.
Both the most progressive and the most conservative justices expressed discomfort during their interventions with the idea of individual states interpreting a candidate’s constitutional eligibility for national office.
The ruling occurs without the judges having been present in court, since they do not plan to hold a hearing until March 15.
The magistrates have therefore heeded the pressures due to the tight electoral calendar and the requests of the Colorado Republican Partywhich had asked him to act before ‘Super Tuesday’ which is celebrated tomorrow and in which 15 states hold primary elections, including Colorado.
In an unprecedented ruling, the Colorado Justice determined in December that Section 3 of the 14th Amendment of the Constitution disqualifies the Republican for the “insurrection” of the assault on the Capitol, when a horde of Trumpists attacked Congress to try to stop ratification of Biden’s victory.
Under the same argument, the Maine electoral authorities also expelled Trump from the primaries and last week Illinois did the same. EFE (I)
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