The U.S. Supreme Court on Thursday sounded broadly skeptical of efforts to kick former President Donald Trump off the 2024 ballot.
Eight of the nine justices suggested that they were open to at least some of the arguments made by Jonathan Mitchell, Trump’s lawyer at the Supreme Court. Trump could win his case if the court finds just one of those arguments persuasive. Mitchell argued that the Capitol riot was not an insurrection and, even if it was, Trump did not participate.It sets up precisely the kind of case that the court likes to avoid, one in which it is the final arbiter of a political dispute.
The lawyers for Republican and independent voters who sued to remove Trump’s name from the Colorado ballot counter that there is ample evidence that the events of Jan. 6 constituted an insurrection and that Trump incited it. They say it would be absurd to apply Section 3 to everything but the presidency or that Trump is somehow exempt. And the provision needs no enabling legislation, they argue.
Trump is separately appealing to state court a ruling by Maine’s Democratic secretary of state, Shenna Bellows, that he was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.
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