NewsUS Supreme Court to decide on Trump's election run amidst insurrection allegations

US Supreme Court to decide on Trump's election run amidst insurrection allegations

US Supreme Court to decide on Trump's election run amidst insurrection allegations
Images source: © GETTY | Anna Moneymaker

6:47 AM EST, January 6, 2024

This means that the Supreme Court will determine whether the former president can run for the presidency again in the fall.

Per the court's statement, both parties will present their oral arguments on February 8th. The "Wall Street Journal" reports that a verdict could be handed down "days or weeks" following this hearing.

Trump barred from primaries amidst Capitol riot fallout

On December 19th, the Colorado Supreme Court ruled that due to his part in an "insurrection," as alleged by instigating his supporters to storm the Capitol on January 6th, 2021, Trump cannot hold presidential office.

The court sided with a group of voters who filed a request to bar Trump from the elections, invoking the 14th amendment to the US Constitution enacted after the Civil War. The third clause of the amendment prohibits anyone who has sworn an oath to the Constitution, then partook in an "insurrection or rebellion" against it, or assisted its enemies from office.

The court in Colorado pointed to Trump's speech to his supporters on January 6th as one factor that showed evidence of his involvement in the "insurrection". During the speech, he encouraged them to storm the Capitol, which was, at the time, certifying the election results. The then-president was urging his followers to "fight like hell".

US dispute over presidential election

In the appeal, the former president's legal team argued that the Colorado court could not deny Trump's opportunity to run in the election. They also contended that Congress, not state courts, can determine who can run for the presidency.

Trump's defenders also maintained that their client was not involved in the "insurrection" and, more importantly, that the president of the USA does not constitute an "official" and does not hold an "office", as per the definition in the 14th amendment.

According to "The Washington Post", most lawyers anticipate the US Supreme Court will decide to retain Trump's name on the ballot papers while attempting to avoid judging whether his actions on January 6th constituted an "insurrection".

Any ruling by the US Supreme Court, although about the decision by the Colorado court, may have implications for elections in all states. Authorities and courts in different states have reached contrasting conclusions on this issue.

Like in Colorado, Trump was barred from the Republican primaries in Maine (he subsequently appealed this decision to the state court).

In contrast, the Supreme Courts in Michigan and Minnesota ruled that they do not have the authority to remove Trump's name from the electoral rolls.

Disqualification requests for Trump have been filed in several other states. The outcomes of these requests will be put on hold until the US Supreme Court resolves the issue.

The first Republican primary will occur in Iowa as early as January 15th. Those in Colorado, along with most other states, are scheduled for March. Trump remains the clear favorite to secure the party's nomination as the Republican candidate in the November election.

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