Trump's Eligibility for Presidential Run Heads to Supreme Court as States Rule Him Ineligible

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ICARO Media Group
Politics
29/12/2023 20h46

CAMDEN, Maine - The eligibility of Donald Trump to serve as president for a second term is now heading to the U.S. Supreme Court following rulings by two states. Both Maine and Colorado have deemed Trump disqualified from the presidency under the 14th Amendment due to his involvement in the January 6th attack on the U.S. Capitol.

Trump's campaign plans to appeal the decision made by Maine's top election official, Secretary of State Shenna Bellows, who is a Democrat. Similarly, the campaign had previously appealed the Colorado Supreme Court's ruling. In both cases, Trump remains on the ballot for the GOP presidential primaries as the implementation of the decisions have been paused to allow higher courts to intervene.

Maine's unique election law allows any registered voter to challenge the eligibility of a candidate. Bellows held a public hearing last week, and her decision was required by the end of this week, in accordance with state law. She stated that while she would have preferred to wait for guidance from the U.S. Supreme Court on this unprecedented constitutional issue, Maine law mandated her to act promptly.

The 14th Amendment's Section 3, which bars individuals who engaged in insurrection or rebellion against the Constitution from holding public office, formed the basis for Trump's disqualification in both states. This clause was established after the Civil War to prevent former Confederates from holding office in the reunited states.

Trump's campaign plans to challenge Bellows' decision in the Maine Superior Court, which is expected to issue a decision by January 17th. This decision can then be further appealed to the Maine Supreme Judicial Court or the U.S. Supreme Court.

While courts in Michigan, Arizona, and Minnesota have sided with Trump, affirming his right to be on the ballot, the inconsistent rulings across states have led officials to hope for broader guidance from the U.S. Supreme Court. They seek an encompassing decision that addresses the 14th Amendment question on a national scale to prevent chaos in the upcoming primaries.

The case at hand presents various legal challenges with limited precedent, as well as the factual question of Trump's involvement in insurrection. Trump currently faces federal criminal charges related to his attempts to overturn the 2020 election, although he was not specifically charged with insurrection.

Given the significance of the case and its implications for the presidency, legal experts believe that the Supreme Court has the ability to expedite the proceedings, as it has done in previous high-stakes cases such as Watergate and the 2000 Election.

Bellows' decision has faced condemnation from Republicans and support from some Democrats. Senator Susan Collins of Maine expressed her belief that Maine voters should decide the election, rather than a Secretary of State chosen by the Legislature. Notably, Maine's State Legislature, currently controlled by Democrats, selects the Secretary of State and Attorney General.

Efforts to impeach Bellows over her decision are underway by some Republican lawmakers, although their success in the Democratic-controlled Legislature is unlikely.

Citizens for Responsibility and Ethics in Washington (CREW), a left-leaning group actively involved in challenging Trump's eligibility, commended Bellows' decision in Maine. However, the group acknowledged that the ultimate resolution of the issue rests with the U.S. Supreme Court, where conservative justices hold a majority.

CREW has formally requested expedited consideration of the Colorado case by the Supreme Court, aiming for a decision by February to impact the upcoming mail-in voting in Republican presidential primaries. The group stresses the importance of determining Trump's eligibility before voters cast their ballots.

As the legal battle intensifies, with multiple states and courts involved, all eyes are now on the U.S. Supreme Court to provide clarity on this unprecedented constitutional issue concerning Trump's eligibility for a second presidential run.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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