Trump Set to File Legal Challenges Amid Battle over Primary Ballots

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ICARO Media Group
Politics
30/12/2023 19h21

In a mounting legal and constitutional battle, former President Donald Trump is expected to file legal challenges next week to rulings in Maine and Colorado that have knocked him off primary ballots. The New York Times reported that Trump's legal moves could come as early as Tuesday.

The rulings in Maine and Colorado deemed Trump ineligible under a constitutional amendment designed to prevent Confederates from holding high office after the Civil War. In Maine, the ruling to exclude Trump was made by the secretary of state, a political appointee, while in Colorado, it was the state's highest court that made the decision.

The anticipated collision of legal, constitutional, and political issues raises questions about the authority of individual states to interpret constitutional matters outside their own constitutions. The precise wording of the relevant passage in the 14th amendment will be at the heart of the challenges, focusing on whether Trump's actions on January 6th, 2021, disqualify him from seeking a second term in the White House.

Conservative-leaning justices on the US Supreme Court, who hold an affinity for "originalism," will play a crucial role in the legal battle. Some justices interpret the constitution and its amendments based on the authors' original intent, while others lean toward a contemporary application of the spirit of the original wording.

The rulings have drawn pushback from elected officials, with California Governor Gavin Newsom stating that Trump should be defeated at the polls and that the back-and-forth ballot rulings in states are merely a "political distraction." Republican Senator Susan Collins of Maine argued that voters should decide the outcome of the election, not a secretary of state chosen by the legislature.

Florida Governor Ron DeSantis criticized the Maine decision, asserting that it violates Trump's right to due process. Several other prominent figures, including Nikki Haley and Chris Christie, expressed similar sentiments, emphasizing that it should be up to voters to decide who gets elected.

According to insiders, all state appeals court decisions on efforts to remove Trump from state primary ballots have so far ruled in the former president's favor, except for the recent ruling in Colorado. While Trump believes the US Supreme Court will ultimately rule against the decisions, concerns linger about the court venturing into the complex constitutional issues surrounding his legal battles.

The argument that voters, rather than courts or elected officials, should decide elections has been under stress since the controversial 2000 election between George W. Bush and Al Gore. The court's conservative justices, who constitute a "supermajority," may weigh the perception of being politically motivated in their decisions.

The decisions in both Maine and Colorado are currently on hold. The Colorado Republican Party has appealed to the US Supreme Court to review the state's decision, and Trump is expected to follow suit by appealing the Maine ruling.

The actions taken by Maine's Secretary of State, Shenna Bellows, have sparked controversy and angered many in the state. Joel Stetkis, chair of Maine's Republican Party, proclaimed that Bellows has stirred up public discontent, with people upset at the prospect of their choice being taken away.

Trump's spokesperson, Steven Cheung, called the rulings an attempted theft of the election and the disenfranchisement of American voters. Cheung accused Democrats in blue states of engaging in partisan election interference that undermines American democracy.

As the legal battle intensifies, the outcome remains uncertain. All eyes will be on the US Supreme Court, where Trump and his supporters hope for a favorable ruling that ensures his eligibility to appear on the primary ballots.

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