US Supreme Court Questions Colorado’s Move to Bar Trump from Presidential Primary
The US Supreme Court is currently deliberating on whether Colorado’s decision to bar former President Donald Trump from the state’s presidential primary is constitutional. During a recent hearing, the justices expressed skepticism towards the move and raised concerns about its real-world implications and the definition of “insurrection.” The court has not yet announced when it will issue its ruling.
Background
In December, the Colorado Supreme Court removed Donald Trump from the state’s presidential primary ballot based on the 14th Amendment, which prohibits individuals who have “engaged in insurrection or rebellion” from holding federal office. The state’s attorney argued that Trump’s actions during the Capitol riot on January 6, 2021, constituted insurrection. However, Trump’s legal team countered this claim, stating that the events were a riot rather than an insurrection.
Legal Arguments
During the hearing, the attorney representing the five Coloradoans who initially sued to remove Trump from the ballot, Jonathan Murray, faced intense questioning from the justices. Conservative Justice Brett Kavanaugh, who was nominated by Trump, raised concerns about the potential “disenfranchising effect” of barring Trump from the ballot and not allowing citizens to vote as they desired. Murray argued that they were in court because Trump had attempted to disenfranchise the 80 million Americans who voted against him by inciting violence on January 6.
Trump’s attorney, Jason Mitchell, maintained that while the events of January 6 were shameful and criminal, they did not qualify as an insurrection as defined in Section 3 of the 14th Amendment. Despite these arguments, both conservative and liberal justices appeared reluctant to uphold the Colorado ban. Chief Justice John Roberts highlighted the potential chaos that could ensue if states were granted unilateral power to strike candidates from the ballot, ultimately leaving only a few states to decide the outcome of a presidential election. Justice Elena Kagan echoed this sentiment, questioning why a single state should have the authority to determine the president of the United States.
The 14th Amendment Debate
Trump’s legal team also faced scrutiny from the justices regarding their claims that the 14th Amendment did not apply to the presidency. They argued that the term “officer of the United States” mentioned in the amendment referred only to appointed officials and not the elected president. Justice Amy Comey Barrett, another conservative justice appointed by Trump, expressed doubt regarding this interpretation.
Implications and Expectations
While a final ruling from the Supreme Court is pending, constitutional law experts believe it is unlikely that the court will uphold Colorado’s decision. Robert Tsai, a constitutional law professor at Boston University, stated that the state’s ruling is “toast.” Many justices seemed to favor the argument that the power to remove a presidential candidate from a ballot under Section 3 of the 14th Amendment lies with Congress rather than the states.
The court is under pressure to issue its decision before March 5, when Colorado is scheduled to hold its primary. The outcome of this case could potentially impact Trump’s chances of securing the Republican nomination for president and setting up a rematch with President Joe Biden in the 2024 election.
Conclusion
The US Supreme Court’s questioning of Colorado’s move to bar Donald Trump from the state’s presidential primary indicates skepticism towards the decision. Justices raised concerns about the constitutionality of the ban and its effects on the US political system. While Trump’s legal team faced scrutiny as well, it is expected that the court will ultimately overturn Colorado’s ruling. The court’s decision, which is anticipated to be issued soon, will have significant implications for Trump’s political future and the upcoming 2024 election.
