Electoral and judicial path Donald Trump They meet on Thursday at US Supreme Courtwho must decide whether a Republican again disqualified from the presidency for his role in storming the Capitol January 2021.
It’s key to a case that could change next November’s presidential election, in which the New York tycoon is the heavy favorite to win the Republican nomination and face the president again. Joe Biden.
What is the Supreme Court studying?
This Thursday, the Supreme Court will hear oral arguments to determine whether Trump’s exclusion from the Colorado Republican primary is constitutional.
In December, a Colorado judge issued an unprecedented ruling, ruling that the 14th Amendment to the U.S. Constitution disqualified a Republican for “insurrection” in the attack on the Capitol, when a horde of Trumpists attacked Congress in an attempt to stop Biden’s ratification. victory.
Maine election officials also excluded Trump from the primary under the same argument. In addition, several activists and organizations presented Similar lawsuits in at least 11 states and they are waiting for the Supreme Court’s decision.
US Supreme Court. | Photo: Reuters.
What does the 14th Amendment say?
At the center of the debate is Section 3 of the 14th Amendment to the Constitution.
The text says that no “Member of Congress or Officer of the United States” who has taken an oath to the Constitution and “has engaged in insurrection or rebellion” can be “President-elect.” or vice president,” among other government positions.
This amendment was approved in 1868, after the Civil War, to prevent the return to power of southern Confederate rebels who had betrayed Magna Carta.
Points for and against
Both sides are engaged in a legal debate over whether the amendment could apply to Trump, given that the text speaks of “official” but does not directly mention the president.
defense of the republican further states that he did not participate in any uprising given that on the day of the attack he asked his followers to speak out “peaceful and patriotic path”While accusation think that incitement to violence before and during the attack.
The former president (2017-2021) faces charges of obstruction of official proceedings in the attack on the Capitol, but not insurrection or insurrection.
Mark Smith, a constitutional expert at Cedarville University, said: EFE that Trump’s “behavior” meets the definition of “rebellion”but the case is “complicated” because it must be proven that he was directly involved in the attack.
Is there a story?
This For the first time in history that the nation’s highest court is hearing a case involving Section 3 of the 14th Amendment, a text that fell into disuse after Congress granted amnesty to most Confederate rebels in 1872.
After the attack on the Capitol, the issue was reopened and the New Mexico court applied the Republican exclusion amendment. Qui Griffinwho participated in the attack, from his position as a local official in Otero County.
Cooie Griffin.
When and who will decide Trump’s future?
The Supreme Court will hear Trump’s case and must make a decision. a hasty decision due to the busy election calendarHowever, analysts doubt that a decision will be made before Tuesday, March 5, when 15 states, including Colorado, will hold primaries.
The current makeup of the court is heavily skewed to the right, with three progressive justices compared to six conservatives, three of whom were appointed by Trump himself.
However, the court did not always side with the Republican and rejected his claims of voter fraud in 2020.
What would happen if I became disabled?
There are also many doubts that the Supreme Court is inclined to apply the amendment because of the large implications it could have in the middle of an election year and in such a polarized country.
In general, the court adhered to the doctrine of non-interference in election matters.
Consent with the Colorado Court would mark the jurisprudence and open the door for numerous states controlled by the Colorado Court. democrats They could remove Trump from the ballot.
But Republicans have already warned that if they do this, They will accuse Biden of “insurrection” over the immigration crisis. on the border to get them excluded from elections in states they control.
(according to information from EFE)