Special Edition: Trump Disqualified? Time to Decide.
Feb 3, 2024
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Constitutional law professor Jessica Levinson discusses the upcoming U.S. Supreme Court case on whether Trump should be barred from the ballot, exploring arguments for and against ban, implications of banning Trump, interpretation of 14th Amendment, and the significance of reaching a unanimous decision.
The Supreme Court will determine if former President Trump should be barred from running for president again based on his involvement in the Capitol riot, raising questions about the balance between judicial decision-making and voter choice.
The Colorado Supreme Court's decision to ban Trump from the primary ballot was based on the 14th Amendment's insurrection clause, which critics argue does not explicitly require charges of insurrection, setting the stage for a potential precedent in future cases.
Deep dives
The Historic Case Before the US Supreme Court
The US Supreme Court is set to hear arguments on whether former President Trump is eligible to run for president again or if he should be barred from the ballot. The case arises from a ruling by the Colorado Supreme Court that Trump engaged in insurrection during the Capitol riot and therefore is disqualified for any office. The Supreme Court's decision will impact every state's ballot, and there are strong opinions on both sides of the argument. This unprecedented case raises questions about the interpretation of the Constitution and the balance between judicial decision-making and voter choice.
The Arguments Based on the Law
The Colorado Supreme Court based their decision to ban Trump from the primary ballot on the 14th Amendment's insurrection clause. This clause, added after the Civil War, was intended to prevent former members of the Confederacy from serving in office again. According to the Colorado Supreme Court, Trump's words and actions on January 6th amounted to giving aid or comfort to those engaged in the insurrection. Critics argue that Trump has not been charged with insurrection specifically and that the Constitution does not require such charges for disqualification.
Potential Consequences and Supreme Court's Decision
The Supreme Court's ruling in this case will have far-reaching consequences. If Trump is not banned from the ballot, it sets a precedent for future cases and empowers voters to decide a candidate's eligibility. On the other hand, if the Supreme Court upholds the ban, it would be seen as infringing on voter choice and could lead to backlash. The Supreme Court justices, wanting to avoid being perceived as politically biased, may aim for a unanimous decision and try to stay narrowly focused on the specific facts of the case. The urgency of upcoming primaries and the potential for chaos and confusion also factors into the timing of the Supreme Court's decision.
Next week, the U.S. Supreme Court will begin hearing arguments in a historic case about whether former President Donald Trump should be barred from the ballot. Jessica Levinson, a constitutional law professor and host of the Passing Judgment podcast, is here to break it all down.