Do Donald Trump’s actions during the storming of the Capitol make him unelectable? On Thursday, the majority of judges of the American Supreme Court, responsible for defusing this explosive issue less than nine months before the presidential election, displayed their skepticism. The body, which must deliver its opinion by the end of June, should logically challenge the decision of the Colorado court which removed Donald Trump from the ballots by considering that his participation in an “insurrection” disqualified him in the name of 14th Amendment to the Constitution.
During a hearing of approximately two hours, several judges, whether conservative or progressive, expressed their doubts. “Why should a single state have the ability to make this decision, not only for its own citizens but also for the rest of the nation? “, asked Elena Kagan, appointed by Democrat Barack Obama. Ketanji Brown Jackson recalled that the function of “president” was not explicitly listed in the section invoked by Colorado.
Risk of “disqualification from the other side”
Overall, the judges seem to consider that this amendment adopted in 1868 was to be interpreted in the context of the Civil War, and that the aim was to prevent Confederate generals from winning local, and not national, elections.
The president of the court, the conservative John Roberts, was concerned about the “consequences” of the Colorado decision. “If Colorado’s position is maintained, there will surely be disqualification proceedings on the other side,” he said. “I would expect a lot of states to say, regardless of who the Democratic nominee is, ‘you’re off the ballot.’
The question of Donald Trump’s immunity still to be decided
“Everything suggests that the Supreme Court will reconsider the Colorado decision,” says 20 minutes attorney Bradley Moss. According to him, the only unknown is the justification that will be invoked by the judges: “The idea that seems to hold the rope is that section 3 (of the 14th amendment) cannot apply without a vote from Congress. » The Supreme Court would thus avoid having to clearly decide a substantive point which is the subject of debate: is the president an “officer” of the United States concerned by the amendment.
Criticized for playing the final arbiter during the ultra-close 2000 election between George W. Bush and Al Gore, the Supreme Court wants to remain as neutral as possible. She could be required to decide the question of possible immunity for Donald Trump. While a Washington appeals court rejected the former president’s appeal, he has until Monday to appeal to the Supreme Court.
On this point, experts believe that Donald Trump, who hopes to avoid a trial before the election, has little chance of winning his case. By deciding that he is not ineligible and does not benefit from absolute immunity, the wise people would cut the pear in two. And let a jury, and the people, decide.