The U.S. Supreme Court is considering overturning the Colorado Supreme Court’s decision to bar former President Donald Trump from appearing on state primary ballots, based on the interpretation of Section 3 of the 14th Amendment.
The hearing centered on the interpretation of the insurrection clause and its application to Trump’s eligibility.
Justices expressed concern over the power of a single state to influence national election ballots and debated whether the insurrection clause applies to the president.
“Why should a single state have the ability to make this determination not only for their own citizens but also for the nation,” Justice Elena Kagan asked.
“What is very clear from the history is that the framers were concerned about charismatic rebels who might rise through the ranks to and including the presidency of the United States,” the attorney opposing Trump stated.
“But then why didn’t they put the word ‘president’ in the very enumerated list in Section 3?” another attorney asked. “I guess that just makes me worry that maybe they weren’t focused on the president. … If there’s an ambiguity, why would we construe it, as Justice Kavanaugh pointed out, against democracy?”
The decision could have implications for other states and the broader electoral process.
“It’ll come down to just a handful of states that are going to decide the presidential election,” Chief Justice John Roberts said. “That’s a pretty daunting consequence.”
The Supreme Court’s ruling is expected to be prompt due to the fast-tracked nature of the case, with potential implications for Trump’s appearance on the Colorado primary ballot.
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