Ballot dispute: Trump turns to the US Supreme Court

USA - Ballot dispute: Trump turns to the US Supreme Court

Former US President Donald Trump wants to move back into the White House - and settle a dispute about his participation in the upcoming primaries before the US Supreme Court. According to his campaign team, he has turned to the Supreme Court in Washington to overturn a decision in the state of Colorado that he is disqualified from the primary election there.

Plaintiffs in various states are currently seeking to have Trump's name removed from ballots for the presidential primary based on his conduct on January 6, 2021. At the time, Trump's supporters had violently stormed the Capitol in Washington - incited by a speech by the newly-elected US President, who claimed without evidence that his victory against challenger Joe Biden had been stolen from him through massive fraud. Five people lost their lives and the images of the riots burned themselves into the collective memory of the USA.

What the plaintiffs say

Anyone who wants to run as a presidential candidate for the Republicans or the Democrats must first prevail in internal party primaries. In order to disqualify Trump from these primary races, his opponents argue with the so-called insurrection ban in the 14th Amendment to the Constitution. According to this, no one may hold a higher office in the state who has previously participated as a public official in an insurrection against the state. Although some examples of such higher offices are mentioned in the passage, the office of president is not explicitly listed.

In states such as Michigan and Minnesota, the plaintiffs' attempts to disqualify Trump failed. Decisions are still pending in other states. In Maine and Colorado, however, decisions were made against Trump. However, the two decisions had been suspended for the time being in anticipation of Trump's appeal. It was assumed that the sensitive political issue would ultimately end up before the US Supreme Court. On Wednesday, Trump's campaign team then announced that it had indeed taken this step.

What Trump's team says

Trump's team wants to overturn the decision of the highest court in Colorado with the application to the US Supreme Court. It is an "un-American, unconstitutional act of election interference", the statement said. The court had ruled in December that Trump was not fit to be president and therefore could not take part in the state's primary election. Trump had previously also appealed against a similar decision by the highest election supervisor in Maine, albeit initially in a lower court.

According to the US media, Trump's lawyers are now arguing before the Supreme Court that the court in Colorado exceeded its powers - the question of a president's fitness is a matter for the US Congress and not for state courts. The constitutional amendment invoked by the plaintiffs is not applicable in Trump's case. In addition to the ex-president, the American Center for Law and Justice has also filed an appeal against the court's decision on behalf of the Republican Party in Colorado.

What observers say

The Supreme Court could theoretically dismiss the question. However, legal experts expect the judges to take up the matter in order to avoid legal chaos in the election year. During his time in office, Trump had shifted the majority in the court significantly to the right: to six of the nine seats. Nevertheless, the Supreme Court did not always rule in his favor.

"I urge the court to review this case as soon as possible," commented Colorado's Secretary of State, Jena Griswold, on X (formerly Twitter). Politicians close to Trump expressed similar sentiments. "The Supreme Court should take up this case immediately and overturn the ridiculous decision by the Colorado court," wrote the Republican Senator from Missouri, Josh Hawley, on X, for example.

The case is already being compared in the USA with the historic hearing on the 2000 presidential election. At that time, the question was whether the votes in the decisive state of Florida should be recounted. The Supreme Court declared the election over, making Republican George W. Bush president, with Democrat Al Gore losing out.

What the clock says

Time is running out. On January 15, the Republican primaries begin with the first vote in the state of Iowa. The Republican primaries in Colorado and Maine are scheduled for March 5, the so-called Super Tuesday, when voting will take place in a whole series of US states. However, the ballot papers will be printed some time in advance.

Trump wants to run again for the Republicans in November, and in the polls he has so far led the field of Republican candidates by a wide margin. Biden wants to run for a second term in office for the Democrats. He has no serious internal competition.

In addition to the legal dispute over his participation in the primaries, Trump is also facing several major court cases in the coming months over various criminal charges - including the Capitol Storm and his attempts to retroactively reverse the outcome of the 2020 presidential election.