On Thursday, the US Supreme Court will navigate uncharted legal waters as it contemplates whether to disqualify Donald Trump from running for president.
The justices will deliberate on whether Colorado possesses the authority to remove Mr. Trump from its ballot, having found him complicit in the insurrection during the US Capitol riot.
Their verdict will also determine the validity of similar attempts to exclude Mr. Trump from ballots in other states.
As the definitive frontrunner for the Republican party’s nomination, Mr. Trump could potentially challenge Democratic President Joe Biden in November unless the justices rule against him.
This case represents the most consequential challenge to reach the court since it intervened in the Florida vote recount in 2000, ultimately favoring Republican George W. Bush over Democrat Al Gore.
The US Supreme Court has expedited the challenge, with mounting pressure for a decision before March 5, when voters in 15 states, including Colorado, participate in Republican primaries.
While Mr. Trump’s name remains on the Colorado ballot pending the court’s ruling, Maine has also excluded him, awaiting the justices’ decision on the matter.
At the heart of the legal challenge lies a Civil War-era constitutional amendment that prohibits individuals who have “engaged in insurrection or rebellion” from holding federal office.
This prohibition has never previously been invoked to disqualify a presidential candidate.
In its December ruling, the Colorado Supreme Court acknowledged the weight of its decision, emphasizing its commitment to impartially applying the law.
In response, Mr. Trump’s legal team argued that the Colorado ruling unjustly disenfranchised millions of voters and could set a precedent with far-reaching consequences nationwide.
Supporting this argument, chief legal officers from 27 states contended that the Colorado ruling would sow “widespread chaos” and disrupt the respective roles of Congress, the states, and the courts.
Courts in Minnesota and Michigan
While courts in Minnesota and Michigan have dismissed similar efforts to remove Mr. Trump from their ballots, other cases, including those in Oregon, are pending.
Mr. Trump’s lawyers have presented several arguments to the court advocating against his removal from the ballot, including the assertion that the 14th Amendment does not apply to presidential candidates.
Furthermore, they argue that Mr. Trump’s actions during the US Capitol riot did not constitute insurrection.
This case arrives at a crucial juncture for a Supreme Court already grappling with historically low public approval ratings.
Regardless of the justices’ ruling, which includes three nominees appointed by Mr. Trump, the decision is likely to exacerbate divisions within the nation.
The Supreme Court has historically sought to navigate politically charged legal issues by adhering to the narrowest of legal grounds, a strategy that may also apply here.
Mr. Trump, currently in the midst of his third presidential campaign, is not expected to attend Thursday’s hearing.
He faces a multitude of legal challenges, including a recent court order to pay damages for defamation in a separate case.
Additionally, the Supreme Court may soon weigh in on another case involving Mr. Trump, following a federal appeals court’s rejection of his claims of presidential immunity.
Mr. Trump has until Monday to petition the Supreme Court to suspend this ruling.
