A Cook County court ordered the Illinois Board of Elections to remove donald trump of the electoral ballots of the primaries of the Republican Party for his role in the assault on the Capitol.
The decision was made by Cook County Circuit Judge Tracie Porter, who also issued an immediate stay of her own order to give the former president’s lawyers time to appeal, until next Friday.
The Republican Party primaries in Illinois will be held on March 19 and after this court decision the state becomes the third in which something similar happens, after Colorado and Maine.
In all of them the judges have based their decisions on the call “insurrectional prohibition” which appears in Section 3 of the 14th Amendment to the US Constitution.
This already famous Section 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.
It 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.
In an unprecedented ruling, the Colorado Justice determined in December that the 14th Amendment disqualifies the Republican from “insurrection” of the assault on the Capitol in 2021, when a horde of Trumpists attacked Congress to try to stop the ratification of Trump’s victory Biden.
Under the same argument, Maine electoral authorities also expelled Trump from the primaries.
But these two decisions were put on hold because Colorado’s decision was appealed to the United States Supreme Court, which has yet to make a decision on the matter.
The hearing before the Supreme Court was held on February 8 and in it the judges expressed reluctance about the implications that validating the state of Colorado’s decision to eliminate Trump could have at the national level for the November elections.
Both the most progressive justices – such as Sonia Sotomayor or Elena Kagan – and the most conservative ones – among them the president of the Supreme Court, John Roberts – suggested in their interventions discomfort with the idea of individual states interpreting the constitutional eligibility of a candidate for a national position.
Trump is the favorite to win the Republican nomination and once again face President Joe Biden, the Democratic candidate, in the presidential elections to be held on November 5.
Source: Gestion
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