WASHINGTON (NEXSTAR) – Former President Donald Trump is fighting to stay on the ballot in Maine and Colorado, where legal efforts to kick him off are moving forward. Now the Supreme Court is expected to take up the issue and decide whether he is disqualified from becoming president again.
Critics of Trump have been working to remove him from the ballot in several states. They argue his role in the January 6th Capitol riot falls under the insurrection clause of the constitution.
Georgetown Law Constitutional Law Professor Dr. Michele Goodwin explains the clause was put in place after the Civil War to keep confederates from returning to office.
“It prohibits individuals who’ve attempted to overthrow the government from being able to hold office,” Goodwin said.
Republicans are appealing a ruling from Colorado’s Supreme Court to bar Trump from the ballot. This week Trump’s legal team appealed a similar decision by Maine’s Secretary of State.
“I swore an oath to uphold the Constitution and that is what I have done,” Maine Secretary of State Shenna Bellows said.
Now the Supreme Court could take up those appeals. But with primary elections looming and several other court cases against Trump the timing is complicated.
“We don’t know in terms of the timeline. This is in fact unprecedented,” Goodwin said.
Other states are also considering ballot challenges against the former president. If the high court doesn’t resolve the issue soon, we could see a chaotic patchwork of different outcomes across the country.
“Sometimes that happens when the Supreme Court does not intervene. Sometimes the court waits. Where there may be multiple states that are in conflict,” Goodwin said.
While Trump faces legal challenges for his role on January 6th, President Biden is trying to draw a clear contrast. This weekend for the anniversary, he’ll be in Pennsylvania to argue democracy is at stake in the 2024 election.
