The Supreme Court is currently enmeshed in a consequential case regarding the possibility of removing former President Donald Trump from the Republican primary ballot in Colorado. This is due to his actions to overturn the results of the 2020 election. Oral arguments before the nine justices commenced shortly after 10 a.m. and are anticipated to extend over several hours.
Should Trump face a negative outcome, the ramifications could be far-reaching as other states may follow suit, creating obstacles for his campaign to regain the presidency this autumn. Conservative-controlled governments have also cautioned that they may endeavor to eliminate President Joe Biden from the ballot in response.
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With a conservative majority of 6-3, the Supreme Court will grapple with numerous novel and significant legal issues pertaining to Section 3 of the 14th Amendment to the Constitution, which was enacted after the Civil War. This provision was conceived to forestall former Confederates from assuming power in the United States government. Consequently, anyone who previously served as an “officer of the United States” and subsequently engaged in insurrection would be prohibited from holding federal office.
In December, the Colorado Supreme Court ruled that Trump could be ousted from the Republican primary ballot. However, this decision was stayed pending his appeal. It is not expected that Trump, who has frequently attended recent court hearings for various civil and criminal cases in which he is involved, will be present on Thursday.
The legal challenge was initiated on behalf of six Colorado residents, four of whom identify as Republicans, by the left-leaning government watchdog organization Citizens for Responsibility and Ethics in Washington, working alongside two law firms. Their court filings assert that Trump “intentionally organized and incited a violent mob to attack the United States Capitol in a desperate attempt to prevent the counting of electoral votes cast against him.”
Trump’s legal team has presented several arguments to dismiss the lawsuit. They contend that the president does not hold the status of a U.S. officer, that he did not partake in insurrection, and that only Congress has the authority to enforce Section 3.
The justices will listen to attorneys representing Trump, the Colorado plaintiffs, and Jena Griswold, the Colorado Secretary of State and the state’s highest-ranking election official.
Among the conservative majority on the bench are three justices appointed by Trump, namely Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Justice Clarence Thomas, another conservative, has faced scrutiny due to his wife Virginia “Ginni” Thomas’ involvement as a conservative political activist supporting Trump’s challenge to the election results. Some Democrats had requested Thomas to recuse himself.
Although the court’s conservative majority has traditionally ruled against Trump since he left office, there has been heightened interest in the Colorado case following Maine’s chief election official’s determination that Trump is ineligible to appear on the Republican primary ballot in that state as well. Similarly to the Colorado dispute, this case has also been stayed, meaning that Trump remains on the ballot for the time being in both states.
The Supreme Court has expedited its hearing of the Colorado case, with a decision expected within weeks. March 5 marks the date of primary elections in more than a dozen states, including Colorado.
