Why should a single state decide who will be president of the United States?, also objected progressive Justice Elena Kagan. #x27;States in which ineligibility appeals were brought against Donald Trump, only two were successful, in Colorado and Maine. Several states are nevertheless waiting for the Supreme Court to rule definitively.
Ex-President Donald Trump is given favorite in all polls on the race for the Republican nomination.
His lawyers call the Colorado ruling an anomaly and call on the Supreme Court to overturn it to protect the rights of tens of millions of Americans who want vote for President Trump.
Colorado's decision declaring Donald Trump ineligible under the 14th Amendment to the Constitution amounts to imposing an additional condition for running, his counsel, Jonathan Mitchell, argued before the Court.
This amendment, adopted in 1868, then targeted supporters of the Southern Confederacy defeated during the Civil War (1861-1865). It excludes from the highest public offices anyone who engages in acts of rebellion after having taken an oath to defend the Constitution.
The Colorado court considered that Donald Trump's actions on January 6, 2021 fell within the 14th Amendment.
That day, hundreds of supporters of the outgoing president, heated in particular by his unfounded allegations of electoral fraud, stormed the Capitol, the sanctuary of American democracy, to try to prevent the certification of the victory of his Democratic opponent Joe Biden.
The person concerned reaffirmed Thursday that he had nothing to reproach himself for his actions during the assault on the Capitol and said he would rely on the Supreme Court, hoping that the arguments of his lawyers would be heard.
Remove Trump and Trump led a conspiracy could we read on posters brandished Thursday by demonstrators Thursday in front of the Supreme Court.
The largely unprecedented nature of the case complicates any prediction, but many experts believe the nine judges are tempted to find a loophole to keep Donald Trump's name on the ballot.
In such a politically hot case, the court wants to appear as apolitical as possible. The most likely escape route for her would be to assert that only Congress has the authority to remove a candidate from the presidential election ballot.
A quote from Steven Schwinn, professor of constitutional law at the University of Illinois at Chicago
An argument made by the lawyers of Donald Trump, but contested by legal experts who emphasize that no intervention from Congress is required to apply other eligibility conditions, such as the minimum age of candidates or their location of birth.
Three renowned jurists from different political backgrounds urged in a brief the nine judges to rule on the merits and not on questions of form, in order to definitively resolve the Gordian knot before voting day, November 5.
Under penalty, with a country more polarized than ever in recent history, warn Edward Foley, Benjamin Ginsberg and Richard Hasen, to take the risk of political instability not seen since the Civil War.