SCOTUS skeptical about removing Trump from Colorado ballot
OAN’s Sophia Flores
11:52 AM –Thursday, February 8, 2024
The Supreme Court of the United States (SCOTUS) met on Thursday to discuss the viability of efforts to remove 45th President Donald J. Trump from the presidential ballot in Colorado.
The case, Trump v. Anderson, revolves around the argument that Trump’s alleged actions on January 6th, 2021 make him eligible for removal from the ballot under Section 3 of the 14th Amendment.
The 14th Amendment, Section 3 of the Constitution states, “No person shall… hold any office… under the United States… who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Trump’s legal team argues that his actions as president during that time do not meet the definition of insurrection.
During the Supreme Court session, the justices appeared skeptical of the idea of banning Trump from the ballot. Some of their questions indicated support for Trump in the ballot dispute.
Chief Justice John Roberts expressed concerns about the potential consequences of banning the former president. He also questioned whether Colorado’s decision would set a precedent for other states to remove candidates based on political motivations.
“Counsel, what do you do with the, what seem to me to be the plain consequences of your position?” Roberts asked Jason Murray, the attorney for Colorado voters. “If Colorado’s position is upheld, surely there will be disqualification proceedings on the other side, and some of those will succeed … I would expect that a goodly number of states will say, whomever the Democratic candidate is, you’re off the ballot.”
Justice Brett Kavanaugh questioned the definition of ”insurrection” according to the Constitution.
“When you look at Section 3 the term insurrection jumps out,” Kavanaugh said. “And the questions are, what does that mean? How do you define it? Who decides? Who decides whether someone engaged in it?”
Kavanaugh also noted that Trump has not been convicted of insurrection.
The prosecution faced tough questions from the left-leaning justices.
Justice Ketanji Brown questioned why the word “president” was not included in Section 3 of the 14th Amendment.
“Why didn’t they put the word president in the very enumerated list in Section 3?” Brown asked Murray. “The thing that really is troubling to me is I totally understand your argument, but they were listing people that were barred and president is not there. And so, I guess that just makes me worry that maybe they weren’t focusing on the president.”
Justice Elena Kagan questioned why a single state should have the authority to decide who can run for president.
“Why should a single state have the ability to make this determination not only for their own citizens but also for the nation?” she asked.
After the arguments, Trump made a statement expressing his hope for the continuation of democracy in the country.
“I just finished watching Supreme Court, you know, like to watch in many respects. It’s unfortunate that we have to go through the thing like that,” Trump told reporters at Mar-a-Lago. “I consider it to be more election interference by the Democrats that’s what they’re doing. Good news is we’re leading virtually every poll.”
The case argued by Colorado is that Trump should be removed from the ballot due to his role on January 6th, 2021, when protests took place at the Capitol during the certification of the Electoral College votes.
Prosecutors claim that Trump ”incited an insurrection” by urging his supporters to march towards the Capitol.
Trump’s attorney, Jonathan Mitchell, denies that the events constituted an insurrection.
“We never accepted or conceded in our opening brief that this was an insurrection,” Mitchell said, “What we said in our opening brief was President Trump did not engage in any act that can plausibly be characterized as insurrection.”
“For an insurrection, there needs to be an organized, concerted effort to overthrow the government of the United States through violence,” he continued.
The Supreme Court is expected to make a ruling on the case in the coming days or weeks. No deadline has been set for the decision.
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Said Mitchell. “That never happened here. What happened was a group of individuals engaged in criminal activity, but that does not rise to the level of insurrection.”
A decision from the Supreme Court on this case is pending. If the court rules in favor of removing Trump from the ballot, it could have significant implications for his political future and the future of the presidency.
What are the potential implications for Trump’s political future if the Supreme Court rules in favor of removing him from the ballot?
If the Supreme Court rules in favor of removing Trump from the ballot, it could have significant implications for his political future.
1. Election Consequences: If Trump is removed from the ballot, it would mean he cannot run for re-election. This would effectively end his chances of winning a second term as President. He would no longer be able to campaign and gain the support necessary for a successful re-election bid.
2. Party Implications: The removal of Trump from the ballot would likely create a significant division within the Republican Party. Some members may continue to support him, while others may distance themselves from him. This could lead to internal conflicts and potentially impact the party’s unity and electoral prospects in the future.
3. Public Perception: A Supreme Court ruling in favor of removing Trump from the ballot could affect the public’s perception of him and his legacy. It would likely be seen as a stain on his political career, potentially diminishing his influence and credibility within the public sphere.
4. Legal Consequences: If the Supreme Court finds grounds to remove Trump from the ballot, it may open doors for potential legal consequences. Trump could face further investigations, legal challenges, or even criminal charges for any wrongdoing that may have contributed to his removal.
5. Political Landscape: The removal of Trump from the ballot could significantly alter the political landscape. The absence of a sitting president as a candidate could impact the strategies and platforms of other candidates, both within the Republican Party and from opposing parties. It would also influence the dynamics and discourse of the election campaign.
Overall, a Supreme Court ruling in favor of removing Trump from the ballot would have long-lasting and far-reaching implications for his political future. It would effectively end his chances of re-election, potentially create division within his party, impact public perception, potentially lead to legal consequences, and shake up the political landscape.
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