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He US Supreme Court this Monday declared the ouster of the former president unconstitutional Donald Trump (2017-2021) Republican primaries in Colorado, a decision that clears the way for
He US Supreme Court this Monday declared the ouster of the former president unconstitutional Donald Trump (2017-2021) Republican primaries in Colorado, a decision that clears the way for him to be elected as his party’s candidate for president.
The judges unanimously decided that 14th amendment This prevented Colorado from eliminating the former president from the state’s primary elections.
On the other hand, judges of the Supreme Court, where conservatives have a majority, argue that according to Constitution, It’s a responsibility Congress and it is not up to states to enforce Section 3 of the 14th Amendment, which was used by the Colorado Supreme Court to rule against Trump.
This comes after the state Supreme Court found that Trump participated in an attempted “insurrection,” which disqualifies him from holding public office due to his role in storming the CapitolJanuary 6, 2021
“We conclude that states may disqualify people who hold or attempt to hold public office. However, under the Constitution, states do not have the authority to enforce Section 3 with respect to federal offices, especially the President,” the ruling said.
Although the justices gave differing reasons, the decision was unanimous and marks the Supreme Court’s most direct intervention in an election since the decision. Bush is against it. blood, which resolved the Florida vote dispute and ultimately delivered victory George Bush, who served as president from 2001 to 2009.
After the Colorado decision, the state Maine, and Illinois in late February, when a district judge ordered the candidate removed from the ballot primaries belonging Republican Party, scheduled for March 19.
In these cases, the judges relied on the 14th Amendment. Constitution, which establishes that no “member Congress or a US official.” someone who has sworn allegiance to the Constitution and “participated in insurrection or rebellion” can be “elected president or vice president,” among other public offices.
This amendment, passed in 1868 after the American Civil War, was intended to prevent the revolt of southerners Confederation, those who swore allegiance to the Constitution and then betrayed it gained access to power.
The text refers to a “member of Congress or official” but does not directly mention the president, leading Trump’s team to argue that it could not refer to him.
However, Colorado’s decision was appealed to the Supreme Court, which this Monday ruled to overturn the disqualification.
The high court’s decision, announced ahead of Super Tuesday, a key date in the road to the White House, could also affect similar challenges filed by Maine and Illinois.
On Feb. 8, the Supreme Court justices held a hearing to hear the parties’ arguments in the Colorado case, and even then they were coy about the impact Trump’s exclusion from the Colorado primary could have nationally, especially ahead of the November election.
Both the most progressive and the most conservative justices during their arguments expressed discomfort with individual states’ interpretation of a candidate’s constitutional right to national office.
The decision was made without the judges being present in court, as they do not plan to hold hearings until March 15.
So the justices heeded pressure brought on by the busy election schedule and requests from the Colorado Republican Party, which asked them to act before Super Tuesday, which is tomorrow and in which 15 states hold primary elections, including Colorado.
In December, a Colorado court issued an unprecedented ruling, ruling that Section 3 of the 14th Amendment disqualified a Republican for “insurrection” in the attack on the Capitol, when a horde of Trumpists attacked Congress in an attempt to stop the ratification of Biden’s resolution. victory.
Maine election officials kicked Trump out of the primary under the same argument, and Illinois did the same last week.
(According to EFE)
Source: Aristegui Noticias
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