Trump is asking the Supreme Court to overturn the decision barring him from running in Colorado
On December 19 last year, the Colorado court ruled that the former president cannot take part in this year's elections because he was involved in an insurrection by not accepting his defeat by Joe Biden in 2020.
The former president asked the Supreme Court to overturn Colorado's decision. The case is scheduled to be heard on February 8. Since the preliminary proceedings are already underway, the decision is likely to be made quickly, according to the New York Times.
The case is important for the entire country
The case raises questions for US democracy. Without a Supreme Court ruling, states could make their own decisions.
Colorado isn't very important to Trump because voters there tend to be more aligned with Joe Biden's Democratic Party. But there are similar initiatives to stop the former president in other states, including Michigan, a state that could influence the election outcome.
Erwin Chemerinsky, dean of the University of California at Berkeley School of Law, said the Supreme Court should do this “Solve soon and for the whole country.” whether Trump can be on the ballot.” He says that in practice the Supreme Court will decide whether Trump will be on the ballot or not.
Trump was barred from voting
There is a clause in the country's constitution that states that a person who took part in a riot while holding public office may not hold a leadership position again. It is a rule from the time of the US Civil War.
In addition to the Colorado court's decision, a few days later, on December 28, the Secretary of State of the state of Maine, which has electoral law authority, also prevented Trump from participating in the presidential election in her state.
The two states concluded that Trump engaged in insurrection by encouraging the invasion of the US Congress building on January 6, 2021.
The Supreme Court must decide
When the former president appealed the court decision in the state of Colorado, he forced the US Supreme Court to rule directly on his 2024 election prospects.
According to legal experts, this case is likely to cause controversy among the court's nine judges.
“I doubt any of the justices are happy about being forced into the fight over Donald Trump's future. But it seems to me that the court will have no choice but to address these important questions,” said lawyer Deepak Gupta, who has previously defended cases before the US Supreme Court.
The justices, Gupta said, must act “with unusual speed and hopefully in a way that does not further divide our deeply divided country. This is a daunting and unenviable task.”
Trump, the frontrunner for the 2024 Republican presidential nomination, and Colorado Republicans are calling on the justices to review the politically charged Dec. 19 ruling that barred him from voting under a constitutional provision that bars any person from being “participatory.” State primary code excluded from holding public office in insurrection or rebellion.
It is unknown whether the rule applies to presidential candidates
The Colorado court's decision marked the first time in history that participation in the insurrection rule was used to consider a candidate presidential not eligible.
The rule prohibits holding office by an “authority of the United States” that has taken an oath to “support the Constitution of the United States” and then “committed insurrection or rebellion against it, or gave aid or comfort to its enemies.” . .”
Legal experts say the justices will not have to decide whether or not Trump launched an insurrection to resolve the case.
Trump's lawyers argued that it was a constitutional amendment does not apply to US presidents and that the question of presidential election is reserved for Congress.
Previous cases are ignored
Trump regularly brags about his three court appointments, which have helped achieve longheld Republican goals, including repealing national abortion rights, imposing new restrictions on affirmative action and expanding gun rights.
But he also expressed anger over Supreme Court rulings he didn't like, including one in 2022 that gave Congress longsought access to his tax returns.
“The Supreme Court has lost its honor, prestige and standing and has become nothing more than a political body,” Trump said on social media at the time. “They refused to even look at the 2020 election fraud. Shame on you!”
The court dismissed lawsuits filed by Trump and his allies challenging aspects of the 2020 election that Trump continues to falsely claim was marked by widespread fraud, including an attempt by Texas to overturn election results in four states.
In recent months, the court rejected a separate opportunity to address the question of Trump's electability and declined to immediately rule on Trump's claim that he could not be prosecuted for trying to overturn his election defeat to make amends in 2020.
The court found itself in a similar position in 2000 when it ruled on Bush v. Gore, a decision that gave Republican George W. Bush the election over Democrat Al Gore. But the risks could be greater this time.
“In 2000, the court had a lot of legitimacy and credibility in the eyes of the public it was a much less politicized court,” Gupta said.
Compared to 2000, the general public is more polarized and democracy appears more fragile, so whatever the court does will have an impact, said Richard Hasen, an election expert at the UCLA School of Law.
The best way for the court to maintain its legitimacy, Hasen said, is “to issue a unanimous or nearunanimous decision.
1 of 1 The photo from January 6, 2021, the day of the invasion of the US Capitol, shows police officers talking to supporters of then US President Donald Trump, including Jacob Chansley (right), in front of the Senate Photo: Manuel Balce Ceneta /AP Photo from January 6, 2021, the day of the invasion of the US Capitol, shows police officers talking to supporters of then US President Donald Trump, including Jacob Chansley (right), in front of the Senate chamber Photo: Manuel Balce Ceneta /AP