Justices Skeptical Of Attempt To Keep Trump Off Ballot

Reuters reports:

U.S. Supreme Court justices on Thursday appeared skeptical toward a judicial decision kicking former President Donald Trump off the ballot in Colorado for participating in an insurrection during the 2021 Capitol attack in a case with major implications for the Nov. 5 election.

The nine justices heard arguments in Trump’s appeal of a Dec. 19 ruling by Colorado’s top court to disqualify him from the state’s Republican primary ballot under the U.S. Constitution’s 14th Amendment after finding that he participated in an insurrection.

The justices spent a considerable amount of time mulling the proper way that states may enforce Section 3 against candidates, primarily focusing whether Congress must first pass legislation. Conservative and liberal justices expressed concern about states having the power on their own to take sweeping actions that impact a presidential election nationwide.

The Washington Post reports:

Speaking from Mar-a-Lago in Florida, former president Donald Trump said he watched the oral argument in the Supreme Court case centered on his ballot eligibility and called it “a beautiful thing to watch, in many respects. “I thought the presentation today was a very good one,” Trump said. “I think it was well received. I hope it was well received.”

The Associated Press reports:



Just about every justice has asked pointed, skeptical questions of attorney Jason Murray. Even the Democratic-appointed ones haven’t thrown him lifelines. Murray argues the only reason Section 3 hasn’t come up in the past 150 years is because no one engaged in an act as grave as Jan. 6.

Justice Kavanaugh scoffed at that, noting that the reason is more likely because a judge in 1869 ruled that only Congress can create a process to disqualify officeholders and the law Congress passed to do that has sunsetted. That may be a hint as to one direction the court could go to in disposing the case.