In this gripping episode of "The Daily," hosted by Michael Barbaro with legal expertise from Adam Liptak, an unprecedented legal skirmish takes center stage: the disqualification of Donald Trump from the 2024 Republican primary election ballot by the Colorado Supreme Court. Accused of engaging in acts of insurrection, the former president's political fate now dangles on the interpretations of the 14th Amendment and the judiciary's role in upholding democratic principles. The hosts delve into the contentious decision and the intricate legal reasoning behind it, as the court grapples with the heavy consequence of barring a candidate from one of the nation's major political parties.
Liptak provides a sober prediction of the chaos that could ensue should the ruling stand, underscoring the severe implications not only for Trump's political aspirations but for the entire American electoral landscape. With the possibility of a Supreme Court intervention looming, the podcast dissects the potential for a legal domino effect across states and the intense debates that would likely ignite. Liptak points to the fragile state of U.S. democracy, with a public still divided over the last election's legitimacy and the ongoing repercussions of the Capitol insurrection. This examination presents the listener with a harrowing look at the judicial system's power in shaping the political future while recognizing the explosive intersection of law, politics, and societal division.
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The Colorado Supreme Court has ruled that former President Donald Trump is ineligible to be on the Republican primary election ballot for 2024 due to engaging in insurrection. This decision stems from Trump's attempts to overturn the 2020 election results, which the state trial judge characterized as acts of insurrection. However, he noted that the 14th Amendment's Section 3 does not apply to Trump because the presidential oath does not invoke this section, and the presidency is not an office from which one could be disqualified under it. Nonetheless, the Colorado Supreme Court, in a close four to three vote, found Trump ineligible for the ballot, with the majority justices understanding the significance of barring a candidate from a major political party and striving to apply the law fairly.
It is highly expected that Donald Trump will appeal to the U.S. Supreme Court, which is likely to issue a nationwide ruling on his eligibility. The timing of the Supreme Court's definitive judgment might not be immediate, taking months to unfold. The Justices may wrestle with the decision because it challenges core democratic values and voter choice, potentially preferring that voters determine a candidate's eligibility. The outcome is not easily predictable along ideological lines, as justices may diverge from conventional thinking to consider the balance between public will and judicial intervention, possibly influenced by the political question doctrine.
Should Donald Trump be barred from appearing on future ballots, legal analyst Adam Liptak foresees significant legal and political turmoil. If the Supreme Court upholds the Colorado court's decision, it could trigger numerous lawsuits in many states seeking Trump's disqualification. Secretaries of state might act independently to disqualify him, which could provoke intensified partisan battles. Given the United States' polarized electorate and lingering doubts about the 2020 election results, coupled with the precedent of the Capitol insurrection, Liptak highlights the dangerous potential for a crisis if Trump is barred from the electoral process.
1-Page Summary
The courts have evaluated former President Donald Trump’s actions concerning the 2020 election. It was determined that Trump's efforts to overturn the election results amounted to an insurrection.
A state trial judge affirmed that Trump did engage in acts of insurrection.
The judge clarified that the 14th Amendment's Section 3 is inapplicable to Trump. The rationale was that the presidential oath does not invoke Section 3 of the 14th Amendment. Furthermore, the judge indicated that the presidency is not an office from which one could be disqualified under this section of the Amendment.
The Colorado Supreme Court, with a narrow margin, held that Trump is not eligible for the Republican primary election ballot.
By a vote of four to three, the Colorado Supreme Court deemed Trump ineligible to be on the 2024 ballot due to his engagement in an insurrection. This dec ...
Colorado court ruling on Trump's 2024 eligibility
There is a strong possibility that Donald Trump will appeal to the Supreme Court in the near future, and when he does, it's expected that the Court will provide a definitive nationwide ruling. However, such a ruling may not emerge immediately, possibly taking a month or two to be determined.
Justices may hesitate to make a decision that would effectively eliminate electoral options for the voters, thus overriding the principles of democracy and voter choice. They may instead view that the decision of a candidate's eligibility should be vested in the voting population.
The justices might regard their role as delivering a purely legal judgment. Doctrines like the political question doctrine could influence their decision, implying that the courts should avoid meddling in certain types of disputes.
Likelihood of Supreme Court taking up the issue
Adam Liptak examines the potential legal and political upheaval that could arise if Donald Trump is barred from appearing on future ballots, and he explains how this situation could lead to a crisis given the United States' deeply divided electorate.
Adam Liptak predicts that if the Supreme Court allows the Colorado Supreme Court's ruling to stand, it could lead to a cascade of lawsuits in nearly every state. He suggests that the decision would open the floodgates for extensive legal challenges aimed at disqualifying Trump from the ballot in multiple jurisdictions.
Beyond court battles, Liptak also suggests that some state secretaries of state might take it upon themselves to remove Trump from the ballot preemptively if the legal pathway is provided by the Supreme Court's decision. This action could dramatically shake up the electoral process and intensify partisan conflict over ballot access.
Liptak, along wit ...
Consequences if Trump barred from ballots
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