Royal also argued that Trump violated Section 3, while Gordon’s challenge took a different tack, arguing that Trump is not eligible to be on the ballot because he claims to have won the 2020 election, which would have been his second term. The 22nd Amendment states that no person shall be elected to the office of president more than twice.
The other arguments are Colorado redux
arguing that Trump is not eligible to be on the ballot because he claims to have won the 2020 election, which would have been his second term. The 22nd Amendment states that no person shall be elected to the office of president more than twice.
Oh thats clever!
"The 14th Amendment Constitution says you, an insurrectionist, cannot be on the ballot"
Trump: "I'm not an insurrectionist! I was defending my election to office in 2020!"
"Ah, okay then so you're admitting that you're trying to run for a 3rd term in violation of the 22nd Amendment of the Constitution
Clever, but no. He didn't get a second term, and his whining in a corner doesn't change that.
But for him to publicly admit that... it might snap a few people out of the illusion.
...I hope.
They don't care if he admits it or if it's true. They only care about what he instructs them to care about. Please, we must all start to understand this otherwise it's us living in an illusion.
Obviously they're not operating in good faith, so they'll come up with some nonsense justification as to why president loser deserves a 3rd term or something anyway. But that's still a novel approach.
If this picks up steam, we could very well see another Republican candidate (most likely DeSantis) win the nomination and become Joe Biden's opponent.
On the other hand, the SCOTUS is Republican controlled. They already got Roe V Wade overturned and could very well rule in Trump's favour.
Part of me truly worries that America will be the first to fall to a new wave of Fascism, and that this will spur further swings in Europe. (AfD are performing alarmingly well in East Germany, whilst Le Pen has been closer than ever before to winning the French presidency.)
DeSantis would get fucking wrecked in a national race, Biden's team would laugh their asses off, then get back to sending crib-seeking missiles to Netanyahu.
You underestimate just how disliked Biden is, and how many Americans honestly believe that Trump had the last election stolen from him.
Also, the fact that Trump survived two impeachments, spurred an attempted insurrection and is only now starting to face state/federal charges that in any other democracy would have had him immediately struck off from the ballot is worrying. It's set precedent that could allow a more sane, manipulative and competent candidate to commandeer the country.
The only possible good that could come out of a DeSantis nomination would be if Trump ran as an independent in protest and heavily split the right wing vote, which would guarantee a second Biden term.
If this picks up steam, we could very well see another Republican candidate (most likely DeSantis) win the nomination and become Joe Biden’s opponent.
That's the entire point, isn't it? To prevent the insurrectionist from being on the ballot, not "prevent the republicans from being on the ballot."
Maine is one of two states (Nebraska is the other) that doesn't give all their electoral votes to the popular vote winner in their state. Trump got one electoral vote there in both 2016 and 2020.
Seriously. We ALL SAW it on Jan 6! Dude wrecked our countries record of peaceful transition all because he threw a bitch ass tantrum. Thanks, jerk.
If anyone's arguing the other way... Where was the national guard? An angry mob attacked our highest ranking politicians at the nations capital and it was less defended than your average Walmart on Black Friday. In the end Pence had to call them in despite Trump watching the entire thing unfold on live TV.
It was an orchestrated attempted coup, full stop.
I really wish that he wasn't stopped from attending it like he wanted too, this would be such an open and shut thing if otherwise. Now the courts are all hung up on if he participated or not. He obviously fucking caused it but you know, due process and all.
When Republican states start doing this to democratic candidates for basically no reason, then democracy is completely over.
Thank you! This is an easy pill for some of us to swallow when these states are barring Trump, but blocking a candidate from the ballot for ANY reason at the state level sets a dangerous precedent.
Yeah, but straight-up ignoring the Constitution is also a big problem, so.... Feels like maybe if your try to overturn an election you shouldn't get to run for office.
Former president Donald Trump arrives to speak at a campaign event held on Dec. 17 in Reno, Nev. (Jabin Botsford/The Washington Post) Maine barred Donald Trump from the primary ballot Thursday, making it the second state in the country to block the former president from running again under a part of the Constitution that prevents insurrectionists from holding office.
The decision by Maine Secretary of State Shenna Bellows (D) is sure to be appealed. The Colorado Supreme Court last week found Trump could not appear on the ballot in that state, and the Colorado Republican Party has asked the U.S. Supreme Court to review the case. The nation’s high court could resolve for all states whether Trump can run again. In 1868, three years after the end of the Civil War, the United States adopted the 14th Amendment to the Constitution to provide legal protections to those who had formerly been enslaved. In addition, Section 3 of the amendment barred those who had sworn an oath to the Constitution from holding office if they engaged in insurrection. That provision was used at the time to keep former Confederates out of office but has rarely been mentioned in recent decades.
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Trump’s critics cited that section of the Constitution after the Jan. 6, 2021, attack on the U.S. Capitol, arguing Trump had incited and participated in an insurrection through his actions before and during the riot. They submitted challenges to his candidacy around the country.
So far, only Colorado and Maine have sided with those challenging his ability to run again. The Colorado court has put its 4-3 decision on hold while the U.S. Supreme Court considers whether to take the case, so for the time being his name is slated to appear on the primary ballot there.
“The events of January 6, 2021 were unprecedented and tragic," Bellows wrote in Thursday’s decision. "They were an attack not only upon the Capitol and government officials, but also an attack on the rule of law. The evidence here demonstrates that they occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and [Maine law]requires me to act in response.” Story continues below advertisement
Colorado, Maine and more than a dozen other states hold their primaries on March 5, which is also known as Super Tuesday. Election officials need firm answers on who can appear on ballots weeks before then so they can print ballots and mail them to absentee voters, including ones who are overseas.
The challenges to Trump’s candidacy have focused on state primaries because Republicans won’t choose their nominee until states hold their nominating contests and the party holds its national convention in July. If Trump’s ability to run has not been resolved by then, attention would shift to the general election.
Colorado Supreme Court ruling bars Trump from primary ballot
Trump’s opponents have targeted their efforts to states where it is easiest to object to a candidate’s eligibility. In Maine, voters filed their challenges under a state law that allows them to lodge objections with the secretary of state. Bellows held an 8-hour-long live-streamed hearing on those challenges on Dec. 15 under a provision of that law and determined Thursday that Trump’s name cannot appear on Maine’s primary ballot. Story continues below advertisement
Trump has five days to appeal the determination to Maine’s Superior Court. From there, the appeal could go to the state’s Supreme Judicial Court and the U.S. Supreme Court.
During the hearing, Bellows did not offer hints on how she was leaning and asked attorneys to weigh in on whether they believed she had the authority to prevent Trump’s name from appearing on the ballot. The Colorado Supreme Court issued its decision four days after Bellows held her hearing, and she allowed Trump and the challengers to file briefs responding to the ruling and say whether it should influence her thinking about whether Trump should appear on the ballot in Maine. Maine’s legislature chose Bellows as secretary of state nearly three years ago. She previously served as a state senator and executive director of the American Civil Liberties Union of Maine. She was defeated in a 2014 run against Sen. Susan Collins (R-Maine).
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On Wednesday, a day before Bellows issued her ruling, attorneys for Trump asked her to disqualify herself from the case because of past comments she made about Jan. 6. In social media posts in 2021, she called the riot at the U.S. Capitol an insurrection and said she supported Trump’s impeachment for the attack.
The high courts in Minnesota and Michigan recently allowed Trump’s name to appear on the primary ballot in those states. Meanwhile, challengers have asked the Oregon Supreme Court to review the issue. A Texas tax consultant has lost a string of challenges to Trump’s candidacy that he has filed in federal courts around the country. The most closely watched court, however, is the U.S. Supreme Court. The Colorado Republican Party filed its request for review on Wednesday and, Trump is expected to do the same soon.
Patrick Marley writes about voting issues in the Upper Midwest for The Washington Post. He previously covered the Wisconsin Capitol for the Milwaukee Journal Sentinel.
The Constitution doesn't give the deciding power to the SCOTUS, it requires a 3/4 vote of Congress to resolve this.
It's completely unconstitutional for the SCOTUS to be making the final decision. They should be the ones penalizing any state that doesn't remove him from the ballot for violating the Constitution.
That would only hold true if Donald trump was officially convicted of the crime of insurrection. A crime which so far he hasn't even been charged with. Until he is charged tried and convicted of insurrection the 14th amendment isnt applicable here and I'd bet my money that's exactly what the surpreme court is going to rule on.
If they are serious about wanting to remove him from the vallt then they should start there. By trying him for insurrection.
The 14th doesn’t require a conviction. It was written in the wake of the civil war, to prevent confederates from holding office without needing to convict them.
The union didn’t want to have to drag every confederate to court just to keep them out of office, because the union knew it would be impossible for the courts to handle and would run counter to reunification efforts. But they were afraid that the confederates would attempt to seize power via the elections once it became clear that the insurrection had failed. So they wanted a way to preemptively bar any former confederate from running for office.
I bet Zengen is right though. I bet if SCOTUS hears the case the majority opinion will pretend that a conviction is a necessary requirement to use the 14th amendment, even though it obviously isn't.
Sec 3 of the Fourteenth Amendment has been invoked at least 8 times, none of them were convicted. The most recent case was in 2022, when a judge ordered a county commissioner be removed from office for his actions on Jan 6.
But the court isn't concerned about the lack of a conviction. Trump and his team are claiming that the amendment does not apply to the President.
What does this even mean? If he allowed in all the other states and wins. Do these 2 states have to follow suit? Do they elect their own president? Are they independent for the interim?
You can still vote for someone not on the ballot, it's just a means of reducing the vote
Interesting, would you still be able to write someone's name down if it's not on the ballot? And could that be anyone's name?
It is common for people to vote Mickey Mouse as a write in for voters that are unhappy with the names on the ballot. Sometimes a humorous Write In gets a decent chunk of the vote.
Edit: https://www.texastribune.org/2013/01/02/voting-mickey-mouse/
I wouldn't vote for that rat. People don't know how to vote straight, Goofy is the clear best option.
Goofy is a terrible choice. He has voiced no concern of the safety of others and has been quoted of saying, "and I'll fuckin do it again."
Despite his terrible choices and lack of surroundings both physical and political, he has also said, "Now, how come you always think I'm gonna lead you into some sort of calamity?"
His complete disregard for the safety of others is another red flag and I, for one, will not vote for that goof.
Lincoln didn’t qualify to be on the ballot in 10 out of 11 Confederate states. In Virginia northerners were successful in getting enough signatures to get him on but he got basically no votes.
Are we going to pretend SCOTUS isn't going to install him, like they did with Bush?
This might be a play to get him to admit he didn't win a second term.
Maybe it's wishful thinking, and the most ardent cultists will just pivot... but a girl can dream. It might snap some people out of the illusion.
Get rekt trumphole
Maybe if this happens in enough states, it'll compell the Supreme Court to rule favorably.
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