According to his former national security adviser, ex-President Donald Trump is ‘chickening out’ of the Supreme Court case concerning his run in 2024.
Avoiding the Bench?
John Bolton, a previous Trump official, stated on X (formerly known as Twitter) on Wednesday, “Trump is chickening out by avoiding attending the Supreme Court argument this week.”
Bolton added, “He knows he’s badly outnumbered by people who respect the rule of law.
Trump’s Influence on SCOTUS
Bolton also commented on the assumption that the three Supreme Court Justices appointed by Trump will automatically support him, saying, “Anyone who assumes that the three Supreme Court Justices that Trump appointed will blindly rule in his favor doesn’t know the kind of Justices he selected.”
14th Amendment Test
The case, which will be presented to the Supreme Court on Thursday, challenges Trump’s eligibility for a second term under the 14th Amendment. It cites his involvement in the January 6 Capitol riot and contends that a constitutional clause should disqualify Trump.
Historic Test
This unprecedented case marks the first time the 14th Amendment, established post-Civil War, has been invoked to challenge a presidential candidate’s eligibility. The argument gained traction following a detailed law review article by two conservative legal scholars last summer.
Constitutional Barriers for Trump
This clause bars individuals who have taken an oath to support the Constitution and then participated in an insurrection from holding federal or state office.
Colorado Disqualifies Trump
In a decision last month, the Colorado Supreme Court ruled that due to his involvement in the 2021 Capitol riot, Donald Trump is not eligible for the presidency, leading to the removal of his name from the state’s Republican primary ballot.
Trump’s appeal of this decision is the case currently before the U.S. Supreme Court.
Trump’s Ballot Woes
A Colorado district court initially ruled that Trump, not being an officer of the United States, wasn’t disqualified despite committing insurrection. However, the Colorado Supreme Court overturned this in a 4-3 decision last December, leading to Trump’s removal from the state ballot.
Similar lawsuits have been filed across various states, but only Colorado and Maine have successfully removed Trump from their ballots.
Absent Trump
Trump is not expected to be present at Thursday’s hearing, where his case will be argued by Johnathan Mitchell, a lawyer and conservative advocate.
Trump Feels ‘Outnumbered’
John Bolton, Trump’s former national security adviser, commented that Trump is likely to skip the hearing because he feels ‘outnumbered nine to one,’ alluding to the nine justices of the court.
Trump’s SCOTUS Strategy
Speaking to CNN’s Kaitlan Collins on Tuesday, Bolton said, “It’s not just some district judge somewhere, some state court judge in New York, this is the Supreme Court. This is the third branch of government sitting in front of him.”
“Three of whose members he appointed.”
Conservative Shift
During his presidency, Donald Trump appointed Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, thereby establishing a conservative supermajority on the court.
The Loyalty Question
Despite this, John Bolton, Trump’s former national security adviser, believes these justices won’t simply comply with Trump’s demands. Bolton predicts Trump might ‘be disappointed in them’ if they dissent.
Battle Over Immunity
The Supreme Court is also set to deliberate on Trump’s claim of immunity regarding his post-2020 election actions in the coming months. While Trump has asserted immunity from criminal prosecution, it remains uncertain whether he will attend the oral arguments for this immunity claim at a later time.
High Stakes, Fast Pace
The justices have fast-tracked Trump’s case due to the imminent Colorado primary on 5 March, setting an accelerated timeline that hints at a rapid resolution. The upcoming 80-minute oral argument on Thursday is expected to provide rare insights into the justices’ perspectives.
Highly-anticipated Verdict
Richard Hasen, a UCLA election law professor and amicus brief co-author, admitted, “I feel more at sea than I usually do,” adding, “There are a million ways the court can go. The court has given no signal, at all, as to which of those directions it wants to go in.”
“And so, more than usual, I’m going to be very closely listening to the oral arguments to see which arguments are resonating with which justices.”
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