In a case that has much of the country on edge, the U.S. Supreme Court will argue this Thursday whether Donald Trump should be banned from running for office November presidential elections.
The nine justices must answer one question: Will Trump’s name be allowed to appear in the Republican presidential primaries in the state of Colorado because of his alleged role in his supporters’ attack on the Capitol on January 6, 2021?
The Colorado Supreme Court, citing the Constitution’s 14th Amendment, ruled in December that Trump, the heavy favorite for the 2024 Republican nomination, must be barred from the ballot for this reason.
Section 3 of the 14th Amendment bars anyone from holding public office if they have participated in an “insurrection or rebellion” after promising to defend the Magna Carta.
The amendment, ratified in 1868 after the Civil War, was intended to prevent supporters of the slave Confederacy from being elected to Congress or holding federal office.
The United States Supreme Court, in Washington, scene of a historic decision on Donald Trump’s candidacy. Photo: AP Trump, 77 years old, appealed to the Supreme Court reject Colorado’s ruling and similar proposals in other states to keep it out of the election.
The conservative-majority court, which includes three Trump-appointed justices, has set aside 80 minutes for oral arguments, but they are expected to last longer.
The Court has traditionally been reluctant to get involved in political matters, but this year it is forced to speak out.
In addition to the Colorado case, the court could also hear Trump’s appeal of a lower court ruling that as a former president he does not have immunity from criminal prosecution and he could be tried on conspiracy charges alter the outcome of the 2020 election.
What Trump’s defense says
Steven Schwinn, a professor of constitutional law at the University of Illinois at Chicago, estimates that any ruling will be interpreted by the public as “interference in elections.”
Per Colorado Justice, Trump participated in a “rebellion” on January 6, 2021, with the storming of the Capitol. Photo: REUTERS“If they disqualify Trump, Trump supporters will think it interferes in the election” and if they don’t, his opponents will think the same thing, Schwinn said.
Trump’s lawyers insist that “the American people, not the courts or election officials, should choose the next president of the United States.”
“At least 60 state and federal courts across the country have refused to remove President Trump from the polls,” they say. “The Colorado Supreme Court is the only exception,” they note.
The lawyers are therefore asking the Supreme Court to “protect the rights of the tens of millions of Americans who want to vote for President Trump.”
According to them, Section 3 of the 14th Amendment can only be enforced by “methods adopted by Congress” and not through state courts. Nor should it apply to the former Republican president – they say – because it refers to “officials of the United States”, that is, appointed and not elected officials.
Furthermore, they insist, the tycoon “did not ‘participate’ in anything that constituted ‘insurrection’.”
“There was no ‘insurrection,'” they argued. “The events of January 6 were not an ‘insurrection,’ as they did not involve an organized attempt to overthrow or resist the United States government.”
Trump uttered a fiery speech before thousands of supporters in Washington on January 6, 2021 before they headed to the Capitol in an attempt to block Congress’s certification of Democrat Joe Biden’s election victory.
The Democratic-majority House of Representatives accused him of inciting the insurrection, but the Senate acquitted him.
Source: AFP
Source: Clarin
Mary Ortiz is a seasoned journalist with a passion for world events. As a writer for News Rebeat, she brings a fresh perspective to the latest global happenings and provides in-depth coverage that offers a deeper understanding of the world around us.