The US Supreme Court agreed on Friday to investigate the issue of Donald Trump’s ineligibility. The case will be heard on February 8.
The Supreme Court announced that it will consider whether the state of Colorado can prevent Trump from participating in the Republican primaries in the state. The Colorado Supreme Court had ruled in December that the former president should not be on the ballot due to his role in the storming of the Capitol in 2021. His supporters then stormed the US House of Representatives in the hope of formalizing Democrat Joe Biden’s election victory to prevent.
Trump then went to the Supreme Court in Washington DC. He hopes to still be able to participate. In any case, it seemed very likely that the issue would end up in the highest federal court. A similar decision has now been made in the state of Maine, and charges from Trump’s opponents are still pending elsewhere.
What are the charges based on?
The charges mainly rely on an old constitutional article, which was introduced shortly after the American Civil War and has hardly been used since 1886. Section 3 of the 14th Amendment to the US Constitution prohibited people from holding public office if they had participated in an “insurrection or rebellion.”
The law was intended to ban politicians who had fought for the southern states in the Civil War, but opponents say its passage would now also apply to Trump. They believe he has incited an insurrection in his efforts to overturn the 2020 election results. Trump and his team of lawyers dispute that the article of law applies to the president or vice president of the United States.
Conservative Supreme Court
Trump clearly shifted the Supreme Court majority to the right during his term from 2017 to 2021. Six of the nine judges are currently considered conservatives. Nevertheless, the Supreme Court does not always rule according to its wishes.
Either way, the Supreme Court’s announcement paves the way for a potentially monumental legal decision and a political firestorm that could have major ramifications for the Nov. 5 presidential election.
The Court will hear the case on February 8, while the Republican primaries will start on January 15 in Iowa. The primary elections in Colorado are on March 5. Procedural preparations, such as sending ballot papers to foreign voters, start at the end of January. If the Supreme Court upholds Colorado’s decision and votes are cast for the former president, they will not count. Trump leads the polls in the Republican party with a large lead over the other candidates.
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