Trump goes to Supreme Court over pre-election exclusion
Has Donald Trump lost the chance to run for the White House again because of his role in the storming of the US Capitol? In several states, the Republican's top favorite must fear for his participation in the primaries. He is now appealing to the Supreme Court over his disqualification in Colorado.
Former President Donald Trump has appealed to the US Supreme Court following his exclusion from the primary elections in the state of Colorado. This was announced by his campaign team. The move had been expected after the Colorado Supreme Court disqualified Trump from the state's primary on December 19. On Tuesday, it became known that Trump had filed an appeal in Maine against his exclusion from the primary there. However, the case will first be heard at a lower court.
The primaries for the presidential election in November begin on January 15. In the USA, the primaries and the actual presidential election take place at state level in accordance with their respective laws and regulations. They therefore decide who is allowed to take part and how the voting takes place. Various plaintiffs in different US states have been trying for some time to have Trump's name removed from the ballot. In Michigan and Minnesota, plaintiffs have already failed.
Regulation leaves questions unanswered
In Colorado and Maine, on the other hand, Trump is accused of rebellion against the state under paragraph 3 of the 14th Amendment to the Constitution in connection with his supporters' storming of the Capitol on January 6, 2021. The paragraph states that no person 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.
Trump and his allies speak of a conspiracy to prevent him from returning to the White House. According to the US media, Trump's lawyers' application to the Supreme Court argues that the Colorado Supreme Court has 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, according to which people who have instigated a "rebellion" against the constitution are excluded from elections, is also not applicable in Trump's case.
It remains to be seen how the Supreme Court will assess the situation. The court is dominated by a conservative majority and three of the nine judges were appointed by Trump. In particular, it is unclear whether they will even deal with the question of whether Trump is guilty of insurrection. For example, the court could only rule that Section 3 does not apply to the president. Disqualifying Trump from the election would be tantamount to a political earthquake.
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Despite filing an appeal in Maine against his exclusion from the primary, Trump's case in the lower court is yet to be heard. The US presidential election primaries, starting January 15, could potentially exclude Trump from participating due to his involvement in the Capitol storming incident, which is being used as grounds for his disqualification in states like Colorado.
Source: www.ntv.de
