The United States Supreme Court issued a historic decision this Monday, unanimously upholding the participation ofDonald Trump on the primary ballots2024 presidential elections.
The ruling rejects attempts by several states to hold the former Republican president responsible forthe Capitol riots of January 6, 2021.
The court ruled a day before the Super Tuesday primaries that states do not have the authority to exclude presidential candidates from the ballot using a post-Civil War constitutional provision. In an unsigned opinion, the justices stated that the power to do so lies with Congress.
Trump's reaction was immediate, as he quickly shared on his social networks: “GREAT VICTORY FOR THE UNITED STATES!!!” According toAP, this result ends efforts by several states, including Colorado, Illinois and Maine, to remove Trump from the ballots due to his actions following the 2020 election and his alleged incitement of the Capitol riot.
Jena Griswold, Colorado Secretary of State, expressed disappointment in the court's decision, and ended by acknowledging that Trump is an eligible candidate in the 2024 presidential primary in her state.
Trump's case is the first the Supreme Court has taken up related to Section 3 of the 14th Amendment,which seeks to prevent former officials who participated in an insurrection from holding public office. Although several state courts had applied this provision to Trump, none had extended its reach to a presidential candidate.
Trump currently faces four criminal indictments and one civil lawsuit, raising questions about his viability as a presidential candidate. Last August, a poll revealed that almost half of Republicans would not vote for the former president if he were convicted of a serious crime.More than half indicated that they would not vote for him if he were in prison on election day.
The judges issued their ruling without entering into the politically sensitive issue of the insurrection, focusing on the legal issue at stake. However, there was marked disagreement among members of the court, especially over whether Congress must intervene before states can invoke the 14th Amendment.
This case is the court's most direct intervention in a presidential election since Bush v. Gore in 2000, and could have significant repercussions in the November 2024 elections.
The arguments presented before the Court revealed deep divisions, both among the judges and in the political sphere. While Trump celebrated the decision as a victory, critics warned of the possible consequences of allowing him to participate in the election.
In early February, the United States Court of Appeals for the District of Columbia Circuitruled that Trump could be prosecuted and tried for conspiracy to overturn the 2020 election.
In its ruling, the court stated that the idea that Trump was immune from criminal liability for his actions as president lacks support in the Constitution, history or judicial precedent.
In that sense, it temporarily suspended the ruling on immunity until this Monday, allowing Trump to appeal to the United States Supreme Court, which ultimately rejected the appeals court's decision.
With this decision, the Supreme Court has set an important precedent on the scope of the 14th Amendment in the context of presidential elections, leaving open questions about how this provision could affect the electoral process and the country's political stability in the future.
Tomorrow will be a decisive day in the race to the White House. Known as Super Tuesday, it is the day with the largest number of states in primary elections, as well as the largest number of delegates at stake. The day can decide the candidate of one, or both parties.
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