The US Supreme Court has announced its decision to hear a landmark case that will determine whether Donald Trump can run for president in 2024. Mr. Trump is appealing against Colorado’s decision to remove him from the state’s 2024 ballot, with the outcome expected to have nationwide implications. Moreover, the court has scheduled the hearing for February, and the ruling will carry significant weight.
Amidst several lawsuits across states seeking to disqualify Mr. Trump, alleging his involvement in the Capitol riot three years ago amounted to insurrection, these legal challenges revolve around interpreting a Civil War-era constitutional amendment that may render him ineligible for presidential candidacy.
The Supreme Court’s decision to consider Trump’s appeal follows a brief filed by attorney generals from 27 states urging the court to reject Colorado’s ruling. They argue that removing Trump from the ballot would cause widespread chaos, especially as the election cycle is just weeks away. Significantly, the brief emphasizes the potential disruption to the roles of Congress, states, and the courts.
14th Amendment of the US Constitution
The legal battleground further revolves around the 14th Amendment of the US Constitution, which prohibits individuals who have “engaged in insurrection or rebellion” from holding federal office. Trump’s legal team contends that this amendment does not apply to the president, asserting that the Colorado Supreme Court’s decision would unconstitutionally disenfranchise millions of voters and set a precedent for similar disenfranchisement nationwide.
Additionally, Trump has challenged the decision by electoral officials in Maine to exclude him from the ballot. Colorado’s Secretary of State, Jena Griswold, has certified the state’s ballots for the upcoming presidential primary elections, stating that Trump’s name will appear on them. The primary ballots, scheduled for early March, will play a crucial role in determining the candidates for the November election.
Notably, Colorado’s high court made a split 4-3 decision, marking the first instance in US history where they invoked the 14th Amendment to disqualify a presidential candidate from the ballot. The Supreme Court’s involvement adds a layer of significance, and this marks the first time it will consider the interpretation of the relevant clause.
Despite the conservative majority in the Supreme Court, with three justices appointed by Trump during his presidency, the court ruled against him in his 2020 election-related lawsuits. The expedited nature of the upcoming case is evident, with oral arguments scheduled for February 8th. Trump’s legal team is expected to file their opening brief by January 18th, while the group advocating for Trump’s disqualification must submit its argument by January 31st.
Furthermore, the involvement of the Supreme Court has prompted comparisons to the 2000 presidential election between George Bush and Al Gore, where the conservative-majority court’s decision to halt Florida’s vote recount essentially determined the election outcome.