The United States Supreme Court declared this Monday unconstitutional the expulsion of former President Donald Trump (2017-2021) from the Republican primaries in Colorado, a ruling that paves the way for him to be elected his party's candidate for the presidency.
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The ruling is known on the eve of the so-called “Super Tuesday”, when 15 states, including Colorado, hold primaries for the November presidential elections.
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Trump described the Supreme Court's decision as a “great victory” for the United States. “Great victory for the United States,” the Republican wrote on his social network, Truth Social.
The nine justices of the Supreme Court, where conservatives hold a majority, argue that according to the Constitution, it is the responsibility of Congress and not the states to enforce Section 3 of the 14th Amendmentwhich was used by the Colorado Supreme Court to rule against Trump.
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Specifically, the Colorado Supreme Court found that Trump participated in an attempted “insurrection,” which disqualifies him from holding public office, as established in Section 3 of the 14th Amendment to the Constitution.
This amendment, passed in 1868 after the Civil War in the United States, was intended to prevent rebellious southerners of the Confederacy, those who had sworn loyalty to the Constitution and then betrayed it, could access power.
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“We conclude that states may disqualify persons who hold or attempt to hold state offices. However, states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the ruling reads.
States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.
Although the judges offered different reasons, The decision was unanimous and marks the Supreme Court's most direct intervention in an election since the Bush v. gore, which resolved a dispute over votes in Florida and finally gave victory to George W. Bush, who served as president between 2001 and 2009.
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On February 8, the Supreme Court judges held a hearing to hear the arguments of the parties on the Colorado case and even then they were reticent about the implications that Trump's expulsion from the Colorado primaries could have at the national level. state, especially ahead of the November elections.
Both the most progressive and the most conservative judges expressed their discomfort during their interventions with the idea of individual states interpreting a candidate's constitutional eligibility for national office.
The ruling occurs without the judges having been present in court, since they do not plan to hold a hearing until March 15.
The justices have therefore heeded the pressures due to the tight electoral calendar and the requests of the Colorado Republican Partywhich had asked him to act before 'Super Tuesday' which is celebrated tomorrow and in which 15 states hold primary elections, including Colorado.
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In an unprecedented ruling, the Colorado Justice determined in December that Section 3 of the 14th Amendment of the Constitution disqualifies the Republican for the “insurrection” of the assault on the Capitol, when a horde of Trumpists attacked Congress to try to stop ratification of Biden's victory.
Under the same argument, Election authorities in Maine also expelled Trump from the primaries and last week Illinois did the same.
Trump hopes to sideline Haley
Trump hopes to knock out his latest Republican rival Nikki Haley during Super Tuesday so he can focus on the duel with Joe Biden. Millions of Americans from Maine, California, Texas, Virginia, Alaska and Arkansas, among other states, go to the polls to choose their Democratic and Republican candidates for the November elections.
This big election day attracts enormous media attention, but this year will be different because the result is predictable.
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Donald Trump, 77, is the big favorite despite his legal problems. The former president has won almost all of his party's primaries since January, with the exception of Washington, DC, where Nikki Haley won on Sunday. Many of his rivals have thrown in the towel along the way.
Haley, 52, is the only one still standing in his way. She relies on the argument: “We will not survive four more years of Trump's chaos.”
She promises to restore some “normality” and calls on Conservatives to elect “a new generation of leaders.” Voters turn a deaf ear.
According the surveys, Donald Trump is expected to win every state in play on Tuesday, thanks to the support of a loyal base of supporters..
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Despite defeats, including one in South Carolina, the state of which she was governor, Nikki Haley has endured and has so far refused to throw in the towel because it would be “the easiest way out”.
Haley, yes, won the Republican presidential primary in Washington DC this Sunday, his first victory in a race for his party's nomination that has been marked by the overwhelming dominance of Donald Trump.
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Will he stay in the race if the poor results continue to pile up on Tuesday? The interested party responds to this question with an evasive answer.
“We're going to continue until Super Tuesday,” he told reporters in late February. “That's all I've thought about” in terms of strategy, she added.
Donald Trump continues to give his rival unflattering nicknames, such as “airhead.” He insists Nikki Haley is “going to lose every single state” on Tuesday.
“It doesn't arouse enthusiasm, it doesn't mobilize crowds, nothing,” he said on his Truth Social network.
In theory, the primaries can last until July. But Donald Trump's team predicts a victory “on March 19” at the latest.
The millionaire wants to be able to focus on a rematch with Joe Biden before having to focus on his legal problems.
According to an AFP account, Trump has already spent nine days in court, although he usually takes advantage of them to campaign when entering or leaving. His first criminal trial begins March 25 in New York.
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On the Democratic side, President Joe Biden, 81, is running for re-election without any serious rival.
The candidacies of two tried-and-true Democrats, Minnesota Congressman Dean Phillips and self-help author Marianne Williamson, have never sparked enthusiasm despite recurring criticism from voters of the president's age or his support for Israel. This turns Tuesday's elections into a mere formality.
INTERNATIONAL EDITORIAL
*With information from EFE and AFP
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