Donald Trump brings fight to stay on ballot to US Supreme Court

Trump is not expected to be present at the arguments scheduled for 10am (11pm Hong Kong time).

Trump supporters storming the US Capitol in Washington on January 6, 2021. File photo: AFP

Instead, he plans to start his day at his Florida home and travel to Nevada, according to a source familiar with his plans.

Nevada on Thursday night holds a nominating caucus that Trump is expected to win handily as he cruises towards his party’s nomination to challenge Democratic President Joe Biden on November 5.

What does Trump’s disqualification ruling in Colorado mean?

The case calls on the Supreme Court to play a central role in a presidential contest unlike any since its landmark Bush vs Gore decision that handed Republican George W. Bush the presidency over Democrat Al Gore in 2000.

The justices also may soon confront another Trump-related case. Trump faces a Monday deadline to ask the Supreme Court to intervene after a US appeals court rejected his claim for immunity in one of two cases in which he faces criminal charges related to his efforts to overturn his 2020 election loss to Biden.

The December 19 ruling by Colorado’s top court came amid a wider – and mostly unsuccessful – drive by anti-Trump forces to disqualify him in more than two dozen other states over his actions relating to the January 6, 2021, Capitol attack.

Maine also has barred him from its ballot, a decision put on hold pending the Supreme Court’s ruling in the Colorado case.

The justices could issue a decision quickly. Colorado’s Republican primary is scheduled for March 5. Former South Carolina governor Nikki Haley is Trump’s lone remaining rival for the nomination.

The Colorado case raises momentous questions for the Supreme Court, which has a 6-3 conservative majority.

The justices of the US Supreme Court. File photo: Reuters

Trump’s lawyers have argued that he is not subject to the disqualification language because a president is not an “officer of the United States”, that the provision cannot be enforced by courts absent congressional legislation, and that he did not engage in an insurrection.

Trump supporters attacked police and swarmed the Capitol in a bid to prevent Congress from certifying Biden’s victory. Trump gave an incendiary speech to supporters beforehand, telling them to go to the Capitol and “fight like hell”. He then for hours rebuffed requests that he urge the mob to stop.

The 14th Amendment was ratified in the aftermath of the American Civil War of 1861-1865 in which seceding Southern states that allowed the practice of slavery rebelled against the US government.

The plaintiffs who filed the lawsuit seeking to disqualify Trump – four Republican voters and two unaffiliated voters – have said a president clearly is an “officer of the United States” because “it would make no sense to read Section 3 as disqualifying all oath-breaking insurrectionists except the one holding the highest office in the land”.

The justices could resolve the case without explicitly deciding whether Trump engaged in an insurrection.

The case also differs sharply from the criminal cases against him. The eventual ruling in the Colorado case, even if favourable to Trump, may not indicate how the justices would rule on his bid for immunity from prosecution as a former president.

The plaintiffs in the Colorado case are backed by Citizens for Responsibility and Ethics in Washington, a liberal watchdog group.

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