The US Supreme Court is currently grappling with an election case of unprecedented significance that could shape the political future of former President Donald Trump and impact public perception of an increasingly scrutinized court. The case, originating from Colorado, comes at a time when the nation is more divided than ever and the court is under intense scrutiny.
The last time the court was at the epicenter of a presidential election dispute was in 2000, during the Bush v. Gore case. The court’s handling of the current dispute over Trump’s disqualification from the Colorado ballot could either exacerbate the existing turmoil or restore faith in democratic norms as the 2024 elections loom.
The nine justices, led by Chief Justice John Roberts, are scheduled to convene privately on Friday to discuss a range of pending cases. Following this, they may reveal their plans for addressing the crucial question of whether Trump should be barred from future office due to his involvement in the January 6, 2021, insurrection at the US Capitol.
Trump’s legal team has vehemently denied the former president’s role in the insurrection, citing the violent protests in Portland, Oregon, in 2020 as evidence that January 6 was not an insurrection. They argue that the United States has a long history of violent political protests, and that the events of January 6 do not justify invoking section 3 of the 14th Amendment, which was adopted after the Civil War to disqualify former Confederate officials from state ballots.
The Colorado Supreme Court decision that Trump is appealing ruled that this section disqualifies him from state ballots. However, Trump’s lawyers have argued that this decision would unconstitutionally disenfranchise millions of voters in Colorado and could be used as a precedent to disenfranchise tens of millions of voters nationwide.
The Supreme Court’s reputation has suffered in recent years due to controversial decisions and allegations of unethical off-bench conduct by the justices. The court’s handling of the current case could have far-reaching implications for future presidential candidates or any former officeholder accused of insurrection.
Regardless of the outcome, the Supreme Court is set to play a pivotal role in the 2024 election drama, as more litigation is expected to arise from lower courts. The court will ultimately have the final say on whether a former president is immune from criminal prosecution, as Trump has argued, and whether the 14th Amendment’s insurrection clause applies to him.
The Colorado voters challenging Trump’s candidacy have urged the court to act swiftly and to avoid setting a precedent that would absolve the individual they believe to be most responsible for the violent attack on the Capitol.