The US Supreme Court accepted the case on the expulsion of former President Donald Trump (2017-2021) for processing this Friday. of the Republican primary of the Republican Party in Colorado.
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The decision places the court in the position of establish a national position on whether Trump can participate in the 2024 presidential election or if, on the contrary, the role he played in the 2021 assault on the Capitol makes him ineligible.
In a brief judicial brief, the Supreme Court indicates that it has admitted the case to processing and that the nine judges will hold a public hearing on February 8 to hear the parties' arguments.
The request for the High Court to study the case came from Trump's legal team, which had appealed a previous decision by the Colorado Supreme Court.
On December 19 of last year, in a ruling unprecedented in the history of the United Statesthe Colorado Supreme Court had determined that Trump could not participate in the Republican primaries of that state for his role in the attack on the Capitol.
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Subsequently, On December 28, Maine became the second state to disqualify Trump. In this case, the decision was made by the authority in charge of organizing the elections in that constituency, the Secretary of State of Maine, Democrat Shenna Bellows.
Trump's legal team has also appealed that decision by the Maine Secretary of State, in that case before the Supreme Court of that state.
In both cases, the authorities considered that Trump engaged in an attempted “insurrection,” which disqualifies him from holding public office under the Third Section of the 14th Amendment to the Constitution.
That amendment was approved in 1868, after the civil war in the United States, with the aim of preventing the southern rebels of the Confederacy who had sworn to the Constitution and then betrayed it from coming to power.
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These decisions, in the absence of a ruling by the US Supreme Court, only affect Colorado and Maine because in the US federal system each state – and not the nation – is responsible for organizing the elections.
Another fifteen states, including Oregon, Virginia, New York and Nevada are also deciding whether Trump can run for office.
In the complex American political and electoral system, where the states are in charge of organizing the elections, even if they are presidential, each one has its own laws and rules, so similar demands can have a different outcome.
This is where the Supreme Court becomes more important, since a ruling from the High Court should be followed throughout the nation.
Six of the nine members of the High Court are considered conservatives, three of them nominated by Trump himself during his term, so it would be surprising if they do not agree with the former president.
However, the fact that some of them are followers of “originalism”, a legal current that advocates interpreting the Constitution as the founders wrote it, casts doubt on the Supreme Court's future decision.
Although the public hearing to study the case will be on February 8, it is not yet known when the The US Supreme Court will issue its ruling and it is not known how far it will go.
The primaries of both Colorado and Maine are called for the Next March 5th.
EFE
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