In January, Judge Michaela Murphy returned the case to Maine’s secretary of state. She instructed the secretary to wait until the Supreme Court ruled on a similar case in Colorado before taking further action.
Changed situation
“The United States Supreme Court’s acceptance of the Colorado case changes everything,” Murphy wrote. Until the Justices decide on that case, Murphy explained, she would wait to rule on Maine’s case.
The Colorado Case
Colorado, like Maine, found Trump ineligible to appear on the 2024 ballot. The decision was based on Section Three of the Fourteenth Amendment, which states that anyone who participated in “insurrection or rebellion” against the US should be barred from holding office.
The big question
The critical question is whether Trump’s actions before and during the Jan 6 riot count as having engaged in insurrection. The Colorado state Supreme Court ruled that it does.
Uncertain answer
California, Minnesota, and Michigan have all ruled that Trump could stay on the ballot. Other states, including Arizona, Texas, New York, and New Jersey, are still considering similar cases.
Maine’s ruling
Maine’s secretary of state, Shenna Bellows, ruled in December that Trump was “not qualified” to take the White House due to his role in the Jan 6 riot, citing the Fourteenth Amendment. Murphy’s ruling puts that decision on hold, however.
All the way to the top
In early January, the US Supreme Court agreed to hear the Colorado case. Arguments were held on Feb 8, and a decision is expected to come before Mar 5, when Colorado and a dozen other states have their primaries.
Unprecedented
This will be the first time the Supreme Court has ruled on a case concerning Section Three of the Fourteenth Amendment. Three of the Justices were appointed by Trump.
Favor returned
Trump has asked the Court to overturn Colorado’s ban, accusing it of being an act of election interference by Biden and other Democrats. The former president said he hoped the three Justices he appointed would “be fair” to him.
Either way
It’s possible the majority-conservative Court could rule in favor of Trump. However, Trump’s legal team worries the Court will rule against the former president to “shy away from being pro-Trump,” his attorney said in early January.
Tricky situation
As Samuel Issacharoff, a constitutional law professor, explained, “The Supreme Court is being asked to define the boundaries of democracy.” “If there was ever a case for the Supreme Court to resolve,” policy analyst David Janovsky said, “this would be it.”
Outside concerns
However, Issacharoff noted that the situation is complicated by Trump’s divisiveness. He “has tremendous support on one side of the aisle,” the professor said, “and tremendous vilification on the other.” The conservative Justices indicated during the hearings that they were worried about the chaos that would unfold if they voted to uphold the Colorado decision.
Clock is ticking
Trump handily won Iowa’s Republican presidential primary, taking 51% of the vote. As more primary dates approach, the need to conclude this legal question grows. “Time is of the essence,” Janovsky said in early January.
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