Unprecedented Ruling Challenges Trump’s Candidacy
In a stunning decision, the Colorado Supreme Court has ordered the removal of Donald Trump from the state’s ballots. The ruling is based on Section 3 of the 14th Amendment, which disqualifies officials who have engaged in insurrection against the United States from holding federal office. This ruling could have a seismic impact on the 2024 election and Trump’s attempt to return to the presidency while facing multiple criminal indictments.
Potential Political Impact
The ruling has the potential to upend the 2024 election by providing a solution to the problem of Trump’s candidacy. With two criminal indictments for attempting to overturn the results of the last election, Trump’s ability to run for president is in question. The ruling by the Colorado Supreme Court could bar him from the state’s ballots.
The Complications of the Case
There are many complications surrounding the case. The first question is whether the U.S. Supreme Court will take up the case, which seems very likely given the unprecedented and important constitutional law question at stake. The court will likely be compelled to act quickly due to the impending deadline for finalizing Colorado’s primary ballot. The fate of Trump’s candidacy hangs in the balance until the U.S. Supreme Court either reverses the Colorado decision or upholds it.
Options for the U.S. Supreme Court
The U.S. Supreme Court has several options if it decides to reverse the Colorado Supreme Court’s ruling. One option is to overturn the factual findings of the Colorado trial court, but this is unlikely. The court is more likely to focus on legal issues. There are three possibilities they may consider: the definition of “insurrection,” the interpretation of Section 3 as applying to the presidency, or the argument that this question should not have been taken up by a court in the first place.
A Wild and Woolly Constitutional Ride
The coming days and weeks promise a wild and woolly constitutional ride as the case unfolds. The outcome is uncertain, but one thing is guaranteed: the U.S. Supreme Court’s opinion on this matter will be a landmark in constitutional law and will shape the future of the country.
Harry Litman is the host of the “Talking Feds” podcast.
