The legal fate of Donald Trump, a key player in the presidential election, rests in the hands of the Supreme Court

Only nine months left. As the presidential election approaches, the United States is haunted by the previous election and its dramatic aftermath: a coup attempt launched by Donald Trump and those close to him, culminating in an attack on the Capitol on January 6, 2021. The Supreme Court is poised to play a major role in the current clash between politics and justice. As a candidate in the Republican primaries and as a plaintiff, she has been responsible for resolving several legal disputes involving Donald Trump. The nine justices of the Supreme Court – dominated by conservatives, six of them – will take up their duties at a time when their institution itself is mired in controversy, due to the proven moral failings of many members.

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In 2023, Donald Trump spent $50 million on legal fees. A simple introduction. With his legion of lawyers and dozens of petitions, the former president is following the classic strategy of obstruction and decay. He wants to stop the trial against him before the election. Convicted on 91 counts in four cases, he strengthened his electoral base by denouncing the Democratic cabal. Justice is slow, especially for a former president. American voters may be unsure about Donald Trump’s criminal record when they go to the polls in November.

The first step in this Supreme Court engagement is scheduled for Thursday, February 8, when arguments will be exchanged in the Colorado-Maine case. These two states decided that Donald Trump could not participate in the Republican primaries due to his role in the January 6 riots and the attack by his supporters against the Capitol. An approval “anti-democratic”,

According to a memorandum filed by the former president’s lawyers, who called nine magistrates “Protect the rights of millions of Americans who want to vote for President Trump.”

“A Very Complicated Matter”

The Supreme Court should resolve the historical ambiguity here. She is invited to view Section 3 of 14^E Amendment to the Constitution, which excludes Donald Trump in two states, Maine and Colorado. After the Civil War in 1868, this text was adopted to prevent former Union soldiers and officers from holding re-elected office. It provides that a person cannot exercise civil or military office if he has participated in rebellion or aided rebels. “This is a very complicated matter.Richard Hassan, a law professor at the University of California, who has been heavily involved in these debates, explains. Many legal issues have never been studied by the Supreme Court. From a procedural point of view, it is unclear who has the authority to decide on disqualification. Finally, it is unclear whether the article applies to Trump, whether the latter was formally engaged in rebellion, and how that is defined. »

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