On Friday, the Oregon Supreme Court declined to hear a challenge by five Oregon voters seeking to remove Trump from the 2024 ballot. The judges ruled that the US Supreme Court’s pending review of a similar case in Colorado could settle the issues raised by the Oregon voters, but noted that the voters could renew the suit if not.
Basis Behind the Suit
The five voters justified their request to disqualify Trump using Section 3 of the Fourteenth Amendment. According to this part of the Constitution, anyone who engages in “insurrection or rebellion” against the US should be banned from holding office.
Tricky Question
Both Colorado and Maine have ruled that Trump indeed engaged in insurrection, and have therefore removed him from the ballot. Similar suits have been thrown out in other states, and more are pending.
Oregon Waits
After Oregon’s secretary of state said she “had no authority under Oregon law, at the primary election stage,” to rule on whether Trump could be on the ballot, the voters brought the suit to the state Supreme Court. That escalation was published in the Court’s media release on Jan 12.
Justification
“Because a decision by the United States Supreme Court regarding the Fourteenth Amendment issue may resolve one or more contentions that relators make in the Oregon proceeding,” the Court ruled, “the Oregon Supreme Court denied their petition.”
The Timeline
The US Supreme Court is set to hear oral arguments on Feb 8. Oregon’s presidential primary ballots don’t need to be finalized until Mar 21.
Moving Fast
The US Supreme Court “has set an expedited briefing and argument schedule,” the Oregon Supreme Court noted. There is pressure to conclude the case before the presidential election, as Trump could hypothetically pardon himself if he is elected and subsequently found guilty.
Colorado Rules
The Colorado Supreme Court ruled 4–3 against Trump, ruling that the former president did engage in insurrection and, therefore, should be barred from the presidency. “We do not reach these conclusions lightly,” the judges in the majority wrote. “We are … mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Celebration
The president of the advocacy group that supported the Colorado voters who brought the suit called the decision “historic and justified.” He argued that it was “necessary to protect the future of democracy in our country.”
Uncertain Ruling
The US Supreme Court has a 6-3 conservative majority, and three of the judges were appointed by Trump. He has publicly requested they treat him “fair.”
Attempt to Redo
If the justices do not settle all the issues raised in the Oregon suit, the Oregon Supreme Court said the group of voters could try again. They could “file a new petition seeking resolution of any issue that may remain following a decision by the United States Supreme Court.”
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