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WASHINGTON – The U.S. Supreme Court will consider Thursday whether former President Donald Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualifies him from the office of president.
The historic case could have a major impact on this year’s election if a judge rules that the Constitution prohibits Trump, the front-runner for the Republican nomination, from returning to the White House.
This is the largest presidential election lawsuit since the Supreme Court ruled Bush v. Gore in 2000, effectively confirming George W. Bush’s election.
This will also be a major test for the Supreme Court, which has been shaken by ethics scandals, criticism of its 2022 ruling overturning Roe v. Wade, and low public approval ratings.
And it’s not the only case involving Trump that the justices will decide. President Trump is expected to appeal a lower court’s ruling that he is immune from criminal charges for trying to overturn the 2020 election.
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Here’s what you need to know:
What will the court decide?
The Supreme Court is deciding whether the Colorado Supreme Court erred in excluding Trump from the state’s primary ballot. The state court said President Trump was disqualified under Section 3 of the 14th Amendment. This clause was an anti-insurrection clause added after the Civil War to prevent Confederate government officials from returning to power.
This is the first time that the country’s highest court has heard a case related to Article 3.
What is Section 3 of the 14th Amendment?
This provision prohibits a person who has sworn an oath to support the Constitution from holding public office again if he or she commits rebellion. The clause reads:
“No person shall be a member of the Senate or the House of Representatives, or an elector of President and Vice President, or hold any office of office under the United States or any nation; You may not, as a member of the United States Congress, as an officer of the United States, or as a member of the legislature of any state, or as an executive or judicial officer of any state, have engaged in rebellion or insurrection in support of the Constitution of the United States; may remove such impediment by a two-thirds vote of each House.
Who is disputing Trump’s eligibility for president?
Four Republican voters and two independent voters in Colorado appealed to keep Mr. Trump from the state’s primary ballot. Voters include lead plaintiff Norma Anderson, a registered Republican. Anderson, 91, became the first female majority leader in both the Colorado House and Senate.
“State law allows certain ineligible individuals to be removed from the ballot,” Anderson said in a video produced by Citizens for Responsibility and Ethics in Washington (CREW), a watchdog group representing voters. “
How did Trump v. Anderson reach the Supreme Court?
After a five-day trial last fall, a district judge in Colorado ruled that President Trump had “committed an insurrection” by inciting the mob that stormed the U.S. Capitol. But the justices also concluded that Section 3 of the Fourteenth Amendment does not apply to the president.
After voters appealed, the Colorado Supreme Court ruled 4-3 that the provision applied to the presidency and disqualified Trump from ever holding office again.
Where else could Trump be challenged?
Of the dozens of challenges against Trump across the country, the Colorado case is the only one so far to have won in court. Maine’s Democratic Secretary of State ruled in December that Trump was ineligible to vote in the state. The ruling, which Trump is appealing, is on hold until the Supreme Court rules on the Colorado case.
Has anyone recently been kicked out of public office because of Section 3?
A judge in New Mexico last year disqualified county commissioner and Cowboys for Trump co-founder Qui Griffin from holding public office for inciting the riot at the U.S. Capitol on January 6, 2021.
Mr. Griffin appealed this decision to the Supreme Court.
What is President Trump’s claim?
Trump’s main argument is that Article III does not apply to the president. Even if he did, he did not “participate in the rebellion.”
“There was no ‘riot,'” his lawyers said in a filing. “President Trump has not ‘incited’ anything and has not been ‘involved’ in anything that constitutes an ‘insurrection.’
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What are the claims of Colorado voters?
Lawyers for the opposing sides argue that it defies common sense to believe that the amendment’s authors were trying to protect the Constitution from oath-breaking insurrectionists of all but those holding the nation’s highest offices.
“By intentionally inciting a violent attack on the Capitol in order to cling to power, Trump unconstitutionally ‘participated in an insurrection,’” they wrote.
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How can I listen to the discussion?
The court is scheduled to debate Trump v. Anderson on Thursday at 10 a.m. EST. The journey takes 80 minutes, but expect it to be quite long. Audio is available on the court’s website at www.supremecourt.gov.
Will Trump come too?
President Trump is not scheduled to attend. Oral arguments will be held on the same day as the Nevada caucuses, and Trump is scheduled to enter the state that evening.
Who will defend Trump?
President Trump’s chief lawyer is Jonathan Mitchell, a former Texas attorney general who was instrumental in enacting the state’s six-week abortion ban that left enforcement in the hands of private citizens. He clerked for former Justice Antonin Scalia and argued five cases before the Supreme Court.
Who will advocate for Colorado voters?
Colorado trial attorney Jason Murray will argue Thursday for the first time before the Supreme Court on behalf of Colorado voters. Murray clerked for Justice Elena Kagan on the Supreme Court and for Justice Neil Gorsuch while on the Denver-based 10th Circuit Court of Appeals.
Will anyone else discuss?
Colorado Attorney General Shannon Stevenson was given 10 minutes to represent Colorado Secretary of State Jenna Griswold.
The lawsuit began after Griswold was sued by six voters seeking a court order to prevent Trump from certifying their ballots. Griswold said he asked for time to go to trial because Trump’s appeal affects Colorado’s ability to interpret and enforce election laws.
What does the Biden administration think?
The Department of Justice has not considered this matter. Also, unlike other high-profile cases involving federal issues, the Supreme Court did not seek an opinion from the executive branch.
As for Biden, he said there was “no question” that Trump “supported the insurrection.”
“Now, the question is, does the 14th Amendment apply?” Biden said in December. “We will leave that decision to the court.”
When will the Supreme Court issue its decision?
Courts have no deadlines. Judges are being asked to resolve the issue before more voters go to the polls. The Colorado and Maine primaries are on March 5, also known as Super Tuesday, and more than a dozen states will hold primaries.
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