WASHINGTON (AP) — supreme court looks like it's ready to refuse attempt kick former president donald trump off 2024 Ballotconservative and liberal justices are clearly in agreement on this case at the center of the presidential election.
A final verdict against Trump, the leading Republican presidential candidate, would largely end the policy effort. colorado, maine and prevent his name from appearing on ballots anywhere else.
The justices could act quickly, perhaps by Super Tuesday on March 5, when Colorado, Maine and 13 other states hold primaries.
Conservative and liberal justices alike argued in Thursday's arguments that Trump should once again be disqualified from the presidency, citing his efforts to avenge his loss to Democrat Joe Biden in the 2020 election. I asked whether there was a possibility of it happening. Attack on January 6, 2021 at the U.S. Capitol.
Their main concern was whether Congress had to act before states could invoke the law. constitutional provisions This was adopted after the Civil War to prevent former officials “involved in the rebellion” from holding office again. There was also a question about whether the president would also be subject to this provision.
In the first ruling of its kind, the Colorado Supreme Court rules that the provisions of Section 3 of the 14th Amendment may apply to President Trump, who the court found to have incited the attack on the U.S. Capitol. was lowered.
But as the justices appear to be seeking consensus rulings, preferring to avoid litigation in which the Supreme Court becomes the final arbiter of political disputes, the question of Congressional action has garnered the most support. It seems so.
Justice Elena Kagan was one of several justices who wanted to know “why a single state should decide who becomes president of the United States.”
Eight of the nine justices indicated they were open to accepting at least some of the arguments from Jonathan Mitchell, President Trump's lawyer on the Supreme Court. If the court finds any one of these arguments persuasive, Trump could win the case.
Justice Sonia Sotomayor appears to be the most skeptical of Mitchell's claims, but she too may not vote to uphold the Colorado ruling that found Trump “engaged in insurrection” and unfit to serve as president. There is.
In another sign of trouble for Colorado voters who sued to remove Trump from the ballot, the justices spent little time deciding whether Trump actually “engaged in insurrection” after the 2020 election. We talked without talking.
Attorney Jason Murray, representing the voters, argued that President Trump incited the attack on the Capitol to prevent a “first in history” peaceful transfer of power.
Mitchell maintained that the Capitol riot was not a riot, and even if it was, President Trump did not directly participate.
President Trump told reporters after the hearing that the Supreme Court's arguments were “a great thing to watch in many ways,” even though he complained that the case was even filed in the first place.
“I hope that democracy continues in this country,” he told reporters at the Mar-a-Lago club in Florida.
President Trump could go to the Supreme Court within days and seek an emergency order to put the election destruction case on hold so he can appeal a lower court's ruling that he cannot escape criminal liability.
The issue aired briefly on Thursday, with Justice Brett Kavanaugh saying a more legally sound approach to removing someone from office lies in the federal criminal statute for insurrection.
Kavanaugh said a person charged with sedition “may be or may be disqualified from public office if convicted.”
Mitchell agreed, but cautioned against Trump's claim of immunity. “Therefore, we do not accept that he could be prosecuted for what he did on January 6th,” Mitchell said.
The exchange was largely hypothetical because President Trump faces criminal charges related to January 6th but has not been charged under the Insurrection Act.
The justices heard history-filled arguments for more than two hours in the first case to consider Section 3 of the 14th Amendment.
Chief Justice John Roberts worried that the ruling against Trump would prompt efforts to disqualify other candidates, saying, “I'm sure some of them will be successful.” .
Trump's lawyers argue that the amendment cannot be used to keep Trump from voting for several reasons.
First, they argue that the Jan. 6 riot was not an insurrection, and even if it had been, President Trump did not go to the Capitol or join the mob. The text of the amendment also excludes the office of president and candidates running for president. Even if they're wrong about all of that, they argue, Congress needs to pass a bill to reinvigorate Section 3.
Sotomayor also gently mocked some of Mitchell's arguments about why President Trump is exempt from Article III. Sotomayor said.
Lawyers for Republicans and independent voters who filed a lawsuit seeking to remove Trump's name from Colorado's polling places argue that the events of January 6 constituted a riot and that Trump incited the insurrection. He argued that there was sufficient evidence to show that. They argue that applying Title III to everything other than the presidency is absurd, or that Trump is somehow exempt. And they argue that this provision does not require a valid law.
But Mr. Murray faces continued and difficult questioning on the high court's bench from Justices Neil Gorsuch and Kagan, for whom Mr. Murray once clerked.
If the court ultimately upholds Colorado's decision, it would constitute a stunning declaration that President Trump did indeed commit an insurrection and is barred by the 14th Amendment from ever holding office again. . That would cause states to exclude him from voting, jeopardizing his campaign.
The justices are more inconclusive, knowing that the issue could come back to them again, perhaps after the November general election and in the midst of a full-blown constitutional crisis. There is a possibility to choose the outcome.
Separately, Trump is appealing in state court a ruling by Maine Democratic Secretary of State Shena Bellows that ruled him ineligible to appear on the state's ballot over his role. Capitol attack. Both the Colorado Supreme Court and Maine Secretary of State's decisions are on hold pending appeal.
The issue may be new, but Trump is no stranger to the judge. Three of them were appointed by Trump. when he was president. They have considered a number of lawsuits related to Trump in recent years, refusing to accept his claims that there was fraud in the 2020 election and hiding his tax records from New York state legislators and prosecutors. is refusing.
In addition to the issue of immunity, courts also: hear the complaint From one of more than 1,200 people indicted in April Capitol riot. The case could overturn charges that prosecutors have filed against more than 300 people, including Trump.
The last time the court played such a central role in presidential politics was a 5-4 decision that effectively ended the disputed 2000 election in favor of George W. Bush.
Justice Clarence Thomas is the only member of the court who also participated in Bush v. Gore. Mr. Thomas, whose wife, Gini, supported Mr. Trump's efforts to overturn the 2020 election results and attended a rally by Trump supporters that preceded the storming of the U.S. Capitol He has ignored calls from Democratic lawmakers to withdraw from the case.
