Is Trump disqualified from returning to the White House? The question that the Supreme Court asks

The electoral and judicial path of donald trump They meet on Thursday at United States Supreme Courtwhich has it in its hands to decide whether the Republican is disqualified from being president again for his role in the assault on the Capitol in January 2021.

These are the keys to a case that could alter the presidential elections next November, in which the New York tycoon is the great favorite to win the Republican nomination and fight again with the president, Joe Biden.

What does the Supreme Court study?

The Supreme Court will hear oral arguments this Thursday to determine whether Trump’s expulsion from the Republican primaries in the state of Colorado is constitutional.

In an unprecedented ruling, the Colorado Justice determined in December that the 14th Amendment to the US Constitution disqualifies the Republican from “insurrection” of the assault on the Capitol, when a horde of Trumpists attacked Congress to try to stop the ratification of Biden’s victory.

Under the same argument, Maine electoral authorities also expelled Trump from the primaries. In addition, several activists and organizations have filed similar lawsuits in at least 11 states and are waiting for the Supreme Court to rule.

What does the 14th Amendment say?

At the center of the debate is Section 3 of the 14th Amendment to the Constitution.

The text establishes that no “member of Congress or official of the United States” who has sworn to the Constitution and “participated in an insurrection or rebellion” may be “elected president or vice president”among other public positions.

That amendment was approved in 1868, after the Civil War, with the objective of preventing the southern rebels of the Confederacy who betrayed the Magna Carta from returning to power.

Arguments for and against

The two sides are locked in a legal debate over whether the amendment can apply to Trump given that the text speaks of “official” but it does not explicitly mention the president.

The Republican’s defense also maintains that he did not participate in any insurrection given that on the day of the assault he asked his followers to express themselves. “peaceful and patriotic way”while the prosecution considers that he incited violence before and during the attack.

The former president (2017-2021) is accused of assault on the Capitol of charges such as obstructing an official proceeding, but not of rebellion or insurrection.

Mark Smith, a constitutional expert at Cedarville University, said the “behavior” of Trump matches the definition of “insurrection”but the case is “complicated” because it must be proven that he was directly involved in the attack.

Is there a history?

This is the first time in history that the highest court in the country hears a case related to Section 3 of the 14th Amendment, a text that had fallen into disuse after Congress granted amnesty to most Confederate rebels in 1872.

After the assault on the Capitol, the issue was revived and a New Mexico court invoked the amendment to expel Republican Couy Griffin, who participated in the attack, from his position as a local official in Otero County.

When and who will decide Trump’s future?

The Supreme Court will hear the case of trump and will have to make a decision quickly due to the tight electoral calendar, but analysts doubt that there will be a ruling before Super Tuesday on March 5, when 15 states, including Colorado, will hold their primaries.

The current composition of the court is heavily tilted to the right, with three progressive judges compared to six conservatives, three of whom were nominated by Trump himself.

However, the court has not always been on the Republican’s side and dismissed his claims of voter fraud in 2020.

What would happen if I were disabled?

There are also many doubts that the Supreme Court is inclined to apply the amendment due to the great repercussions that this could have in the middle of an election year and with such a polarized country.

“The court has generally had the doctrine of not getting involved in electoral issues”emphasizes Smith.

Agreeing with the Colorado Justice would mark jurisprudence and open the door for numerous states controlled by Democrats to be able to erase Trump from the electoral ballots.

But Republicans have already warned that, if they did so, they would accuse Biden of “insurrection” for the immigration crisis on the border to seek their expulsion from the elections in the states they control.