The US Supreme Court accepts review of Trump's appeal to run in the Colorado primary
The justices must decide, at trial, whether to uphold and expand the Colorado court's decision, which ruled in December that Trump could not run in the state, or whether to overturn the measure. Since it is a Supreme Court decision, the rule will apply to other states that object to Trump's presence at the ballot box – and thus to the entire country.
Trump is the most likely candidate to run for the presidency of the United States from the Republican Party.
In the first session, they heard arguments for and against Colorado's decision. The state court argued, at the time, that Donald Trump participated in the insurrection on January 6, 2021, when thousands of people stormed the Capitol building in Washington.
In this case, as the Colorado judges understand it, it is that he violated a section of the Fourteenth Amendment to the US Constitution and therefore cannot be elected.
The case reached the Supreme Court because the former president's lawyers appealed the Colorado decision.
The court's judges, with a conservative majority, tended to support Trump, according to the assessment of the American press and agencies.
The court's presiding judge, conservative Justice John Roberts, said during the hearing that the consequences of final approval of Colorado's ruling could be “very scary.”
According to Roberts, if Colorado's decision is upheld, other states would follow their own Democratic or Republican disqualification procedures.
It will only be up to a few states to decide the presidential election. “This is a very scary outcome,” Roberts said.
In this report, you will learn about the most important points related to the Trump case:
Donald Trump lost the 2020 presidential election to Joe Biden, but refused to accept the result.
On January 6, 2021, Trump was still president, and in Washington, D.C., he gave a speech to… A crowd stormed the US Congress building after the speech (The building is known as the Capitol.)
Years later, a group called Citizens for Responsibility and Ethics in Washington filed a lawsuit in Colorado state court to bar Trump from running in the election because of his participation in the January 6 episode.
Those in favor of convicting Trump say he participated in the insurrection, so his nomination would violate a provision of the Fourteenth Amendment to the US Constitution.
The text states that persons who have participated in rebellion or rebellion against the United States as authorities cannot return to public office.
Does the rule apply to presidents?
The main argument made by Trump's lawyers is that this section of the Constitution does not apply to presidents.
They say that there are details in the text (for example, “the president” is not explicitly mentioned) that mean in practice that the rule does not refer to presidents. Trump's defenders have other arguments (see below).
How has the case developed so far?
The Colorado trial judge agreed with Trump's defense. I understood that he participated in the uprising, but the text of the constitutional amendment does not apply to presidents.
The case that reached the Supreme Court is from Colorado, but there have been other decisions on the same issue in other states:
- In the state of Maine, the Secretary of State, who belongs to the Democratic Party, also decided to remove Trump from the ballot.
- In Illinois, a retired judge who serves as an auditor for the Board of Elections suggested keeping Trump on the ballot until the courts made a decision, but stated that he believed the former president could not run (Republican judge from Illinois).
Trump's other arguments
Trump's main defense is that the rule doesn't apply to presidents, but lawyers have other arguments:
- This is an ambiguous provision of the Constitution, and should be clarified by Congress, not by the courts.
- The January 6, 2021, attack on Congress was not an insurrection, because it occurred in one place, and there were almost no firearms or other features of an insurrection.
- Trump was not involved in anything, he just exercised his right to freedom of expression, which is protected by law in the United States of America.
But was there a trial for the uprising?
There is another argument in Trump's favor: for him to decide whether he has engaged in insurrection, there must be a legal process in which his rights are taken into account, which was not the case — in practice, the Colorado court only decided that the article is valid for the term of presidents.
This section of the Constitution is rarely cited, so much so that the Supreme Court has never ruled on a case involving this section.
Trump's case is historic, and it is expected that a new law will be created.
Isn't this a political judgment?
Members of the Democratic Party want to prevent Trump from running, while members of the Republican Party say that the former president believes there is a campaign against him.
The US Supreme Court has six justices appointed by Republican presidents (three of whom are appointed by Trump himself).
The other three were nominated by the chairs of the Democratic Party.
There are conservative jurists who say that the text of the Constitution is clear and simple, and Trump should be banned from running.
Even among supposedly progressive justices, there are doubts: All of Colorado's Supreme Court members were appointed by Democratic governors, with 3 of 7 voting for the former president.
What are some possible decisions?
The judges' decision can be classified into one of three categories:
- The court may Colorado court decision affirmed.
- The court may decide so Trump cannot be excluded from the election. The practical outcome will be the end of the case in Colorado and dozens of other operations that are still in their initial stages throughout the United States of America.
- The Supreme Court can Not making a final decision. This would keep many operations across the country alive.
The Trump campaign says more than 60 similar cases have been filed, but most have been dismissed on procedural grounds. If there is uncertainty about the Supreme Court's decision, there could be more cases.
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