Lawyers leading the campaign to disqualify Donald Trump from future presidential runs have urged the Supreme Court to rule him ineligible, arguing that he orchestrated the violent Jan. 6 Capitol assault to overturn his 2020 election defeat.
Will SCOTUS Bar Trump from Presidency?
In their Friday submission, packed with detailed accounts of the January 6, 2021, violence, they called on the justices to bravely fulfill their constitutional responsibilities.
“Nobody, not even a former President, is above the law,” the lawyers emphasized.
Trump’s Political Roadblock
This is the court’s initial examination of a 14th Amendment clause that disqualifies individuals involved in insurrection from public office. The amendment in question, established post-Civil War in 1868, is central to the lawyers’ argument before the court.
Accused of Inciting Capitol Mob
The lawyers, in their appeal to the court, claimed that “Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him.”
Lawyers Urge SCOTUS
They urged the court to officially recognize the January 6 events as an insurrection, holding Trump accountable. According to them, the relevant constitutional provision encompasses the president, and states can enforce it without congressional action.
The Presidential Immunity Debate
The lawyers included details of Trump’s actions before January 6, including a notable tweet and his speech on the day. It also features photographs from the chaos, like the one showing Officer Daniel Hodges trapped in a doorway.
Trump’s attorneys, however, warn that such measures could disenfranchise millions and lead to chaos, as seen with Colorado’s precedent.
Narrow Decision
Trump’s legal team argues that the Colorado Supreme Court’s narrow 4-3 decision should be overturned for several reasons. They assert Trump did not commit insurrection and that the presidency doesn’t fall under the amendment’s purview.
Moreover, they argue that before states can exclude candidates from ballots using this provision, Congress must pass specific legislation.
An Election Game Changer
The court is set to deliberate on this landmark case soon, a case that could significantly impact the 2024 presidential race. Trump has already secured victories in the Iowa caucuses and the New Hampshire primary, facing Nikki Haley as his main Republican challenger.
Both parties stress the need for a quick ruling to clarify Trump’s eligibility.
Critical Countdown
The Supreme Court is set to deliberate on this on February 8. The court is operating on an expedited schedule, aiming for a decision possibly before the fast-approaching Super Tuesday on March 5, a critical date for delegate selection, including Colorado’s.
Rarely Used, Now Revived
Section 3 of the 14th Amendment, a two-sentence provision, disqualifies anyone who has violated their oath to uphold the Constitution by engaging in insurrection from holding state or federal office.
Unprecedented Move Against Trump
Although largely unused since an 1872 amnesty for Confederates, it’s been revived in numerous lawsuits attempting to block Trump from the ballot this year, with only Colorado’s case succeeding.
Trump Fights Back
Trump is contesting Maine Secretary of State Shenna Bellows’ decision declaring him ineligible for Maine’s ballot due to the Capitol incident. Both Colorado and Maine’s decisions are pending appeals.
Upholding Law Amidst Controversy
Bellows emphasizes her commitment to the rule of law and the importance of court guidance before the elections, especially with the U.S. Supreme Court set to hear the Colorado case on February 8 and the March 5 primary looming.
Appeal for Court Guidance
“I know both the constitutional and state authority questions are of grave concern to many,” Bellows stated. “This appeal ensures that Maine’s highest court has the opportunity to weigh in now, before ballots are counted, promoting trust in our free, safe and secure elections.”
Alleging Election Theft
Trump’s campaign has vehemently criticized Bellows’ decision to exclude him from Maine’s ballot, stating, “We are witnessing, in real-time, the attempted theft of an election and the disenfranchisement of the American voter.”
GOP Chair Condemns Ballot Decision
This sentiment was echoed by Maine Republicans, who accused Bellows of playing a part in a “national effort to win this election for Joe Biden before a single vote is cast,” as stated by Maine GOP Chair Joel Stetkis.
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