Experts discuss the controversy surrounding states' attempts to remove Trump from the ballot, the interpretation of the insurrection clause in the 14th Amendment, the Supreme Court's potential involvement, Maine's election laws and dismissal of cases challenging Trump's eligibility, and the variations in election laws across states and importance of a Supreme Court ruling.
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Quick takeaways
The Colorado Supreme Court ruled that Trump is not eligible for the presidential primary ballot based on his involvement in the January 6th insurrection, applying a textualist approach to interpret the 14th Amendment.
Different states have varying election laws, resulting in different standards for determining eligibility for the presidential primary ballot and highlighting the lack of a federal approach.
Deep dives
Colorado's Application of the Insurrection Clause
The Colorado Supreme Court ruled 4-3 that former President Trump is not eligible for the presidential primary ballot, citing his involvement in the insurrection on January 6th. Despite a lower court judge arguing that Section 3 of the 14th Amendment, which deals with insurrection, does not specifically mention the presidency, the Colorado Supreme Court applied a textualist approach to conclude that the clause does indeed apply to the presidency. The Colorado GOP has challenged this ruling, and it is expected that the Supreme Court will take up the case. However, given the potential for a crisis of legitimacy and the desire to avoid being seen as keeping a leading candidate off the ballot, it is likely that the Supreme Court will overturn the Colorado Supreme Court's decision and allow Trump to be on the ballot.
Maine's Election Laws and Determining Eligibility
In Maine, the Secretary of State has the discretion to determine eligibility for the presidential primary ballot. Secretary of State Chinna Bellows made the unprecedented decision to keep Trump off the ballot, stating that she considered the Constitution and concluded that he was not eligible. The case is expected to be appealed within the Maine state court system. It is interesting to note that different states have varying election laws, resulting in different standards for determining eligibility. While some states have dismissed challenges on procedural grounds, the lack of a federal approach to these laws has contributed to the differences observed across states.
As states move to remove former President Donald Trump from their ballots, we speak with a legal expert about how the 14th amendment is being applied and what role the Supreme Court could play. Get the facts first with Morning Wire.
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