The Supreme Court is hearing oral arguments today, February 8th, in a historic case that could decide the fate of former President Donald Trump’s 2024 bid.
The case, previously termed Trump v. Anderson, involves a challenge to Colorado’s decision to remove Trump from its Republican primary ballot under the 14th Amendment’s insurrectionist clause, which states that:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Colorado’s Supreme Court ruled in December last year that Donald Trump was ineligible to be on its ballot because of his actions following the 2020 election, when he refused to concede defeat, spread false claims of voter fraud, pressured state officials to overturn the results, and incited a violent mob to storm the Capitol on January 6, 2021, in an attempt to stop the certification of Joe Biden’s victory.
The court said that his conduct amounted to “engaging in insurrection or rebellion” against the Constitution, and that allowing him to run again would “undermine the rule of law and the integrity of the democratic process.”
The former president appealed the decision to the U.S. Supreme Court, arguing that Colorado’s interpretation of the 14th Amendment was “absurd” and “unprecedented,” and that it violated his First Amendment rights to free speech and political association.
He also claimed that Colorado’s action was motivated by partisan bias and that it would create “chaos and bedlam” in the 2024 election, as other states could follow suit and kick him off their ballots as well.
The Supreme Court agreed to hear the case on an expedited basis, given its urgency and importance for the 2024 election. The court will have to grapple with several complex and controversial questions, such as:
- What does it mean to “engage in insurrection or rebellion” against the Constitution?
- How should the court interpret the historical context and purpose of the 14th Amendment, which was adopted after the Civil War to prevent former Confederate officials from returning to power?
- How should the court weigh the evidence of Trump’s involvement in the Capitol riot and his attempts to subvert the 2020 election?
The Supreme Court is expected to issue its decision this February, before the start of Colorado’s and 14 other states’ 2024 primary season. The outcome of the case could have far-reaching implications for Trump’s political future.
If the court upholds Colorado’s decision, it could effectively end Trump’s chances of running for president again, as other states could follow Colorado’s example and disqualify him from their ballots as well.
On the other hand, if the court reverses Colorado’s decision, it could pave the way for Trump’s return to the White House, as he would remain the frontrunner and the favorite of the Republican base.
