Colorado's Supreme Court recently invoked the seldom-used Section 3 of the 14th Amendment, aimed at disqualifying individuals engaged in insurrection from seeking specific offices. Concurrently, Maine's Democratic Secretary of State made history by unilaterally ousting Trump from the state's primary ballot based on this constitutional provision, triggering a legal showdown garnering national attention.
Trump's legal team vehemently disputes the applicability of Section 3 of the 14th Amendment to the presidency. They argue that excluding an early draft mentioning the office and the wording "an officer of the United States" elsewhere in the Constitution does not encompass the president. Underscoring the inherently political nature of the issue, Trump's lawyers assert that decisions about eligibility should be left to voters rather than unelected judges. They emphasize the need for a fair legal procedure, contending that a swift decision on ineligibility without due process would violate Trump's constitutional rights.
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| Donald J. Trump File Photo |
Anticipated legal challenges will delve into whether individual states possess the authority to interpret constitutional matters beyond their constitutions. Shenna Bellows, Maine's Secretary of State, remarked, "Every state is different. I swore an oath to uphold the Constitution. I fulfilled my duty." The political affiliations of those involved in these decisions cannot be ignored. In Colorado, where Democratic influence on the judiciary is evident, questions arise about the role of partisan appointments in shaping legal outcomes. All seven justices, appointed by Democratic governors, voted in a 4-3 decision to remove Trump from the 2024 ballot.
Secretary Bellows' affiliation as a Democrat and her past role in the ACLU has made the Maine decision seem purely politically motivated. The use of Section 3, historically untouched in presidential disqualification cases, raises eyebrows, leading some to question whether this is a legitimate constitutional application or a politically motivated strategy. It's important to note that Bellows is not an attorney and did not attend law school.
These rulings have yet to escape criticism from elected officials across the nation. Democrat California Governor Gavin Newsom remarked that Trump should be defeated at the polls, characterizing the back-and-forth ballot rulings in states as a "political distraction." Republican Senator Susan Collins contended that voters in her state should determine the election – "not a secretary of state chosen by the legislature." Former New Jersey Governor Chris Christie suggested on CNN that the rulings make Trump "a martyr." Florida Governor Ron DeSantis criticized the Maine decision, claiming it violates Trump's right to due process, awaiting a jury decision on the now-delayed insurrection case. Former South Carolina Governor Nikki Haley added, "It should be up to voters to decide who gets elected."
Former president Donald Trump has not been convicted of a crime and has been acquitted by the United States Senate of charges of engaging in insurrection, and continues to deny any wrongdoing.