The US Constitutional Court has decided that Donald Trump can remain on the ballot. But that same day, Democrats proposed legislation that could ban Trump from participating in all elections.
Out of sight, out of mind was apparently the wish of the election authorities in the US state of Colorado when they removed Donald Trump from the primary ballots – an action that has now been overturned by the US Supreme Court. The constitutional judges found that individual states did not have the right to make such an exclusion decision.
Party political flavor
The judges delivered their verdict unanimously, as did most observers: Trump's deletion of the ballot paper was perceived as undemocratic and prejudicial. There is also the partisan overtone: Colorado is governed by the Democrats, who have an interest in weakening the Republicans. Just like the states of Maine and California, which also wanted to get rid of Trump in this way.
However, with the Supreme Court decision, this is no longer valid, the ex-president is allowed to run anywhere in the USA and the people will decide whether they will give him a second chance in the White House on November 5th. This idea seems so repugnant to some in the Democratic Party that they want to pass the plan that was just rejected by the Supreme Court into a law in order to throw Donald Trump out of the race.
An Ordinance from the Civil War
Maryland Democratic Rep. Jamie Raskin announced that he and several colleagues are working on legislation that would bar people from office if they have committed an insurrection. He is referring to the 14th Amendment, which the election authorities in Colorado had already used to have Trump's name removed from the ballot papers.
The clause dates back to the Civil War era and, among other things, prohibits politicians from holding office if they have “participated in an insurrection or rebellion” or provided “assistance” to insurgents. Of course, this refers to the ex-president because of his role in the storming of the Capitol on January 6, 2021. The question, however, is: Does this apply to him? Many Trump opponents believe this, including special prosecutor Jack Smith, who indicted the real estate mogul for this.
Still to be clarified: Is Donald Trump an insurrectionist?
This is also why Trump's team has gone to the Supreme Court and wants to have it clarified in principle whether he enjoys immunity as US President. Their argument: A head of state is only able to act if he is protected from criminal prosecution. If the constitutional judges rule in favor of Trump, at least two lawsuits against him would be invalid.
When the decision will be made is still unclear. The first hearing is not until the end of April. It is unlikely that the actual lawsuits can be ended before the US election in November – and with it the answer to whether Donald Trump is officially an insurrectionist.
Sources: DPA, AFP, Reuters, Newsweek