Former President Donald Trump has called on the Supreme Court to quickly put an end to attempts at barring him from the presidential ballot, warning of the potential for ‘chaos and bedlam.
Trump’s Warning of Chaos
Trump presented this argument in his primary submission to the court ahead of the oral arguments scheduled for February 8. He expressed concern that these actions ”threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam.”
Trump’s Team Raises Alarm
Trump’s team cautioned against other states “follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots.”
Trump’s Ballot Battle
This follows a significant ruling by a Colorado court that could exclude him from the state’s ballot, linked to his involvement in the events at the U.S. Capitol on January 6, 2021.
Current Legal Landscape
Trump’s participation in the upcoming court arguments, where he would encounter the justices he nominated, remains uncertain. Meanwhile, he’s engaged in civil litigation concerning business fraud and defamation charges in New York, simultaneously pursuing his presidential campaign in states like Iowa and New Hampshire.
GOP Leaders Rally Behind Trump
Republican allies, including House Speaker Mike Johnson and Senate Minority Leader Mitch McConnell, along with numerous GOP lawmakers, have rallied in support of Trump at the Supreme Court.
Congressional Power vs. State Decisions
They contend in their friend-of-the-court brief that the Colorado Supreme Court’s ruling ‘severely intrudes’ on Congressional powers by enforcing the Constitution’s ‘insurrectionist ban’ without Congressional sanction. They warn that this precedent could empower state officials to arbitrarily accuse political rivals of insurrection.
The ‘Parade of Horribles’
Additionally, a group of GOP secretaries of state has appealed to the court to prevent their counterparts from disqualifying candidates, warning of a ‘parade of horribles’ if the ruling stands.
Potential ‘Abuse’
In their brief, secretaries of state from Missouri, Alabama, Arkansas, Idaho, Indiana, Kansas, Montana, Nebraska, Ohio, Tennessee, and West Virginia expressed concern over the potential for ‘abuse’ if the power to enforce Section Three is solely in the hands of partisan Secretaries of State.
The Disqualification Debate
“A disqualification decision would presumably be unreviewable and made without any of the constitutional protections of due process that our system takes for granted in much less significant moments. If disqualification from receiving a social security check merits some constitutional protection, perhaps disqualification for a ballot likewise does,” the brief added.
14th Amendment in Action
This support comes against the backdrop of the Colorado Supreme Court’s recent decision, which invoked a 14th Amendment provision to block Trump from a further term, excluding him from Colorado’s primary ballot.
That decision, and a similar one in Maine, are on hold due to Trump’s ongoing appeal.
Maine’s Pause, Awaiting Colorado
A Maine judge has referred the case back to the state Secretary of State, advising a pause until the Colorado case is resolved. Meanwhile, the Oregon Supreme Court has dismissed a related case with the caveat that it could be reopened, depending on the US Supreme Court’s decision in the Colorado matter.
Varied State Responses
In contrast, different outcomes have emerged in other states; for instance, California’s Secretary of State Shirley Weber, a Democrat, intends to place Trump on the state’s primary ballot, and supreme courts in both Michigan and Minnesota have ruled in favor of keeping Trump on their ballots.
Does the 14th Amendment Apply to Trump?
Donald Trump’s legal team argues that the 14th Amendment’s insurrection provision does not extend to former presidents. Moreover, they assert that, even if it were applicable, Trump did not ‘engage in’ any actions that could be classified as ‘insurrection.’
Colorado Court Divided
On the other side, the Colorado Supreme Court, which was divided with a 4-3 vote on the matter of Trump’s disqualification, stated that the evidence clearly shows Trump’s intention to aid or further the insurrectionists’ unlawful aim of obstructing the peaceful transition of power.
Majority Opinion
The majority wrote, “He exhorted them to fight to prevent the certification of the 2020 presidential election. He personally took action to try to stop the certification. And for many hours, he and his supporters succeeded in halting that process.”
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