President Joe Biden, staying true to his long-standing policy of not commenting on legal matters and respecting the separation of powers, declined to offer his opinion on Tuesday’s Colorado Supreme Court ruling that effectively removed Donald Trump from the state’s 2024 primary ballot. The Court’s decision found Trump guilty of engaging in insurrection, disqualifying him from holding public office, including the presidency.
This groundbreaking ruling has caught the attention of legal experts nationwide. Neal Katyal, a prominent former Acting Solicitor General of the United States and current Professor of National Security Law at Georgetown University Law Center, predicts that the conservative justices on the U.S. Supreme Court will uphold the Colorado decision. Katyal believes that their commitment to textualism, which demands a plain reading of the Constitution, will leave them with little choice but to disqualify Trump from the ballot.
The 14th Amendment’s Section Three clearly states that individuals who have engaged in insurrection or rebellion against the United States cannot hold any office. Katyal points out that the Colorado Supreme Court’s ruling aligns perfectly with the text of the Constitution, exposing the irony of Trump, who claims to be a strict textualist, being affected by his own petard.
While the Colorado Supreme Court’s decision is currently stayed, awaiting an appeal to the U.S. Supreme Court, legal experts anticipate that the case will be heard by the nation’s highest court. If the U.S. Supreme Court upholds the Colorado ruling, it will set a precedent that applies to all 50 states. Consequently, Donald Trump would be prohibited from running for office in Colorado and beyond.
The prospect of the U.S. Supreme Court taking up this case raises questions about how the justices will interpret Section Three of the 14th Amendment. However, considering the court’s previous rulings against Trump, including those related to the 2020 election and executive privilege claims, legal experts like Katyal believe that the conservative-leaning court will uphold the Colorado decision. The court’s commitment to applying the law without fear or favor suggests that Trump’s disqualification from the ballot is likely.
As the legal battle unfolds, the implications of the Colorado Supreme Court’s ruling and its potential impact on future elections cannot be ignored. The decision to disqualify a former president from running for office based on insurrection charges sets a significant precedent in American politics. It highlights the importance of upholding the Constitution and preventing individuals who have acted against the interests of the nation from seeking public office. Only time will tell how the U.S. Supreme Court will rule on this contentious matter, but its decision will undoubtedly shape the future of American democracy.
