Unfortunately, The Supreme Court Will Most Likely Overrule Colorado's Decision About Trump's Ineligibility
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Last week, the Colorado Supreme Court ruled that Trump is ineligible to become president due to his role in the Jan. 6 insurrection. However, it is most likely that the Supreme Court will overturn their decision.
The ruling, which states his candidacy is prohibited based on constitutional grounds, is the first of its kind. Other states that made similar challenges have been unsuccessful.
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“As then-Judge Gorsuch recognized in Hassan, it is ‘a state’s legitimate interest in protecting the integrity and practical functioning of the political process’ that ‘permits it to exclude from the ballot candidates who are constitutionally prohibiting from assuming office.’”
Justices will most likely have to rule on whether 14th Amendment’s banning insurrectionists from office applies to Trump. Richard H. Pildes, election law expert and professor of constitutional law at New York University, told The New Yorker:
“I think they’ll look to the limited prior history of courts engaging with that question. They do look to dictionaries from the era, and I think they will look into the deep history of how the legal concept of insurrection has been understood over time, to the extent that there’s evidence from when this issue was being debated in Congress at the time the provision in Section 3 was put together. I think that many of the Justices will look to similar sources on this question because frequently, when we have debates between what’s sometimes called living constitutionalism versus originalism, the debate centers on a whole body of Supreme Court precedent that’s developed over time and how much weight that body of precedent should have as compared with some view about what the original meaning of the provision was when it was enacted.”
Yale professor Samuel Moyn wrote for The New York Times that “if the Supreme Court were to exclude Mr. Trump from the ballot, seconding the Colorado court on each legal nicety, when so many people still disagree on the facts, it would have disastrous consequences.
“For one thing, it would strengthen the hand of a Supreme Court that liberals have rightly complained grabs too much power too routinely.” He added that violence could ensue if “Mr. Trump’s name [was erased] from every ballot in the land.”
The Supreme Court is notorious for being unethical, with Justice Clarence Thomas’ wife Ginni being involved in the conspiracy of the 2020 election being stolen from Trump.
The former president and his team will likely fight this ruling tooth and nail, but perhaps Colorado will inspire other states to follow its lead and rule Trump ineligible on their ballots as well.
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