Donald Trump infallible? Understand all about the much-anticipated decision of the Supreme Court

Published on: 05/02/2024 – 08:25Modified: 05/02/2024 – 08:26

7 minutes

A month before Super Tuesday, the highlight of the primaries, can Donald Trump be declared ineligible to run for President of the United States? This is the question which the Supreme Court will have to answer from February 8. If the former president condemns ” Attempts to disqualify ballots » In a memoir Presented before the nation’s highest judicial body, the decision could well shake up the process of nominating a Republican candidate for the 2024 presidential election.

What do we blame Donald Trump for?

On December 19, the Supreme Court of the state of Colorado caused a surprise by declaring a former tenant of the White House ineligible for the presidency due to his role in an attack launched against the Capitol by his supporters, January 6, 2021 in Washington. . To do so, she invoked Section 3 of the 14th Amendment to the United States Constitution, which prohibits ” After taking the oath (…) To protect the Constitution If they have ” Engaged in rebellion or rebellion » Against the country.

Thus, this local court was the first in the country to rule that the overwhelming Republican favorite could not appear on the primary ballot in his state. It was followed by the state of Maine, which issued a similar decision on December 28. After the Civil War voted, ” This is an amendment that has never been applied to a President of the United States

», refers to Sebastien Natrol, a freelance journalist specializing in American law topics.

Enough to draw the ire of Donald Trump’s spokesman, Steven Cheung, who promptly ” A profoundly undemocratic decision », when announcing that he was going to appeal to the United States Supreme Court. On 5 January this Agreed to rule on the question of disqualification of the candidateWhich will be examined in a public hearing from February 8.

Can the Supreme Court decision disqualify him?

In this election year, the decision on the impeachment of the 45th President of the United States will undoubtedly be the most important case handled by the Supreme Court. Two options are presented to the court: it can rule that Donald Trump did indeed participate in the coup, thus making him ineligible for the presidency, or reverse the decision enacted by Colorado and Maine. If legal professionals recognize a third possible path, which declares that the decision falls within the exercise of each state’s election law, it is unlikely, in their opinion, to be upheld. ” It is hard to imagine a court saying that there are different standards from one state to another. Under the 14th Amendment, either Trump is eligible or he is not, and that question will be decided definitively. », Details Brian Kalt, Professor of Constitutional Law at Michigan State University.

However, it may prove difficult for the court to decide in favor of one option or the other, as this legal jurisdiction is unlikely to be as ambiguous as it is. ” The 14th Amendment is very vague and gives us no action, so we need to figure out how to convict someone of sedition, whether Congress needs to pass a law, and whether it applies to the President. “, Brian Kalt explains. At the same time, each interpretation of the amendment is subject to definitions, especially the words “oath” and “sedition”.

Can the events of January 6 be compared to the events described by the 14th Amendment, which was promulgated after the Civil War? Does the Supreme Court have the ability to adjudicate political questions when it is barred from doing so under the “political question doctrine”? Should we instead let the voters decide, given the strong polarization of the United States and the risk of accusations of partisanship? ” L

There are many loopholes in the Supreme Court », sums up Sebastian Natrol.

This is also widely exploited by Donald Trump’s lawyers, who point out that the text simply ” Officer of the United States » Sworn Support the Constitution ” ” Some law professors believe that the qualifications for an officer of the United States do not apply to the president, which is not expressly cited in the text. », reports Sebastian Natrol. ” Some case law suggests that United States officials are appointed and not elected. », explains the expert journalist.

In their appeal of the Colorado lawsuit, Donald Trump’s lawyers also claimed that the former president did not take the oath ” Sustained ” Constitution. Instead, during his inauguration in January 2017, he ” save, (there) Protection and (no) Rescue » During his command. Several points of tension make it difficult to remove the Republican candidate’s name from the ballot. ” The qualifications for the presidency are usually cut and dry: a person must be 35 years old, and if he is not, he cannot be president and that’s it. Because of the ambiguity of the question, if the Court is unsure of what to decide, it is generally inclined to let the voters decide. », adds Brian Kalt.

Are there similar cases in other states?

While states like Louisiana and New Jersey have already rejected legal challenges to Donald Trump’s eligibility for the next presidential election, at least 35 states have filed formal challenges against the Republican candidacy. According to the New York Times. The Supreme Courts of Michigan and Minnesota, for their part, have held that former presidents can appear on primary ballots in those states.

However, decisions taken at the local level are subject to the approval of the Supreme Court, which has the final say on questions of constitutional law. ” If the Supreme Court overturns Colorado’s decision, all other states seeking to block Trump from voting will follow the Supreme Court’s ruling and reject efforts to disqualify him. », Comments Brian Kalt. The Oregon Supreme Court also chose on December 12, Not ruling on eligibility

Donald Trump before the top judiciary decides in the Colorado case. ” Most states prefer to wait rather than go all out and take the political risk of making a decision that could be overturned by the Supreme Court anyway. », estimates the professor.

If the Supreme Court doesn’t rule before Super Tuesday on March 5, when fourteen states hold their primary elections simultaneously, Donald Trump’s name will be on the ballot. In the event of disqualification, it will be up to the Republican Party to decide how to reallocate the delegates won by the former president.