Court’s Conservative Majority Expected to Side with Trump
On Thursday, the U.S. Supreme Court will hear arguments in a Colorado case that questions whether former President Trump’s involvement in the January 6th, 2021 events should disqualify him from running for office again. Unfortunately, it is highly likely that the court’s conservative majority will side with Trump, allowing his name on the ballot. This decision would be the easiest way out for a court currently plagued by scandals and reluctant to add fuel to the already intense partisan political fire in an election year.
Mixed Feelings about the Case
Since the Colorado Supreme Court’s ruling in December, which stated that allowing Trump on the state ballot would violate Section 3 of the 14th Amendment, there have been mixed feelings about the case. Section 3 prohibits anyone who has engaged in or supported insurrection against the American government from holding office. While Trump’s legal allies argue that Section 3 does not apply to him, claiming that he is not an “officer” of the United States or that Section 3 only prohibits a candidate from holding office, not seeking it, the group of Colorado voters who brought the case against Trump argue that it is necessary to apply Section 3 to him.
The Healthiest Solution?
One perspective suggests that allowing Trump to stay on the ballot would be the healthiest solution for the country. The hope is that President Biden would defeat Trump in the November elections, and Trump would then fade away. However, it is important to note that Trump was already defeated in 2020, and by perpetuating lies to his supporters, he has turned his loss into a continuing national nightmare.
The sudden resurgence of Section 3 of the 14th Amendment has caught the attention of historians, bringing it back into the spotlight. Historians argue that Section 3 applies to Trump and disqualifies him from running for office again, based on the original intention, meaning, and public understanding of the Constitution.
The Historical Context of the 14th Amendment
The 14th Amendment was introduced in 1866 to address discrimination against formerly enslaved Americans. At the time, the wounds of the Civil War were still fresh, and there was a fear that former secessionists could be elected to Congress. Section 3, the “disqualification clause,” was designed to prevent this from happening. Over time, Section 3 became a relic of history, but recent events have brought it back into relevance.
Trump’s Attempt to Overturn the Election
Trump’s attempt to overturn the results of a fair election and remain in power against the will of the people has led to criminal indictments at the state and federal levels. In Georgia, he faces 13 felony counts related to unlawfully conspiring to change the election outcome. Federal prosecutors have charged him with conspiring to defraud the government, disenfranchise voters, and obstruct an official proceeding in connection with the January 6th insurrection.
Trump’s belief that a president can do whatever he wants and get away with it has been refuted by a federal appeals court, which unanimously ruled that he is not immune to prosecution. This decision raises questions about the limits of presidential immunity.
The Supreme Court’s Decision
The Supreme Court, known for its embrace of originalism, will have to determine the Colorado ballot question and the extent of presidential immunity. The outcome of this decision will reveal whether the court chooses to prioritize Trump or uphold the rule of law.
@robinkabcarian
