they stay Nine months until the US presidential elections But it will happen this Thursday Supreme Court Washington is a moment that could be decisive not only for the electoral process but also for the political future of the country. donald trump and more importantly the country.
On: 10 a.m. (4 p.m. on mainland Spain) The Supreme Court’s nine justices – six conservatives and three progressives appointed by Republicans, three of whom were appointed by Trump himself – will hear party arguments in his appeal of the Supreme Court’s veto by Trump, the former president and Republican favorite. In December, he was ordered to participate in the state’s primary election in Colorado.
In this decision, Trump is a rebel and was therefore disqualified from becoming president again Section 3 of the 14th AmendmentA “disqualification clause” that the Supreme Court has never considered before. And now it’s in the hands of the Supreme Court most important political decision In the last quarter of the century, since he handed over the presidency in 2000 with a vote of 5 to 4. George W. Bush on Al Gorea sentence that gives blow to reputationhas continued to worsen since then excessive politicization and ethical scandals.
These are the elements and keys to a case, opinion, and possible decisions. Law and politics collideThis broke traditional lines between conservatives and progressives on the legal spectrum (some conservatives support disqualifying Trump). consequences are unpredictable but in any case they will have monumental importanceespecially in a polarized and radicalized country that has already experienced the attack on the Capitol on January 6, 2021. possible violence Now it’s even more triggered.
Section 3 of the 14th Amendment
Approval date 1868Three years after the end of the civil war, Amendment 14mainly referring to the rights citizenshipIt contains the section stipulating that no person who has previously held a position may hold a civil or military public office. Oath to support the Constitution United States of America, “attended an event rebellion or revolt to oppose him, or to aid or console his enemies.”
The text, which also allowed Congress to avoid disqualification if approved by a two-thirds majority in both chambers, was drafted at the time as follows: Preventing the Confederates from returning to power but it was also written to cover future uprisings.
Your language clearly contains the word “officer” and not the word “president” (public duty) and this is one of the central elements of the legal debate at the moment.
Case
Last summer, two conservative legal scholars, William Baude and Michael Stokes Paulsen, published a comprehensive 126-page article; In this article, they analyzed the third section of the 14th Amendment, deeming Trump disqualified from becoming president again.His actions to overturn the legitimate results of the 2020 elections. This was compounded by the attack on the Capitol on January 6, 2021.
Citizens for Responsibility and Ethics in Washington, a progressive group in the capital colorado A lawsuit was filed on behalf of four Republican voters and two independents from the state, demanding a voting ban in the state.
In November, a judge agreed with the idea that Trump was behind an insurrection, but did not think that section applied to the president because he was not considered an “officer.”
Voters later objected.l State Supreme Court So, one 4-3 vote (with all justices appointed by Democrats)), agreed with them and thought that Trump is banned According to the constitution, he cannot participate in the preliminary voting because he will be president again.
They left the decision on hold while they continued their appeal, which reached the Supreme Court, which is now waiting on Maine, where the Secretary of State also vetoed Trump).
Trump’s arguments
to defend Trump considers various arguments. They denyFor example, what happened on January 6 riot. Although More than 1,200 defendants for the attack on the Capitol and More than 850 prisonersnone were indicted on rioting charges. Trump himself is facing two of four criminal cases for actions that violated legitimate 2020 results. He was not charged with this charge either. and was exonerated by Republican votes in his second impeachment trial, in which he faced an indictment for inciting it.
His defense also included the president’s He is not a “civil servant” of the USA and its Does not swear to “support” the Constitution. They also say Congress should pass legislation to implement the 14th Amendment. The veto it involves is having a position and not being a candidate or elected. and they say the state Supreme Court can’t interfere with the method Colorado chooses to select its candidates.
Arguments against Trump
Confronted with Trump’s arguments, voters are assured: He encouraged the attack on the Capitol. by their overt and covert actions and words, and by He addressed the masses Believing false fraud claims. For example, they transfer their calls that day. “fight like hell” or his tweets when the attack had already begun criticizing the vice president, Mike Pence who refused to participate in the conspiracy to disapprove the results.
Regarding the language of the amendment, they argue that the word “civil servant” includes the president and emphasize the following: The presidency is referred to as an “office” approximately 20 times in the Constitution. And although his inauguration oath did not include the word “support” of the Constitution, it did make him “protect, preserve and defend.”
Numerous briefs were also filed with the Supreme Court arguing for Trump’s disqualification; One of them comes from experts. democracy. “Removing a popular candidate from (voters’) consideration, distrust of the system “But this concern is equally valid if the court fails to act: Distrust of the system is precisely what is fueled by allegations of insurrection and fraud perpetuated by the former president,” they wrote.
Supreme Court’s options
Supreme Court can take in many ways in this complicated situation. For example you can get: a decision that only affects Colorado without solving the overall problem or do it permanently. This could happen, for example, if the state’s Republican Party decides it has a first amendment right to choose its candidates.
The Supreme Court could also accept Trump’s arguments that the presidency is not covered by the disqualification clause, that he has not taken an oath that would subject him to that part of the Constitution, or that it is Congress that should decide who should be removed from office. .
When can you expect a decision?
The Supreme Court allocated 40 minutes to Trump’s lawyer, 30 minutes to Colorado voters and 10 minutes to Colorado’s secretary of state this Thursday, but the hearing is expected to last until: two or three hours.
The justices’ questions will be examined to try to predict their position in the case.
It is not known when they may announce the decision, but In Bush v Gore, they released this the next day listening to the parties.
Pre-ballot ballots started to be sent on February 12 coloradocongratulating him Primary elections are on March 5Super Tuesday.
Trump’s defense and the former president himself have called for a quick decision, warning that efforts to keep him off the ballot “threaten the results.” Disenfranchising tens of millions of people To ensure “chaos is unleashed” if Americans” (73 voted for him in 2020) and other states follow Colorado’s lead. chaos And “absolute disorder”.
The other side responds by assuring us that “we have already seen the absolute disorganization that Trump unleashed when he was on the ballot and lost.” Legal experts who submitted a document in favor of the plaintiffs also warned: “Not since the civil war has the United States faced this much. Risk of destabilizing political instability and perhaps this court has never been in a clear enough position to avoid that.”