Thursday 8 February 2024

US Supreme Court judges sound sceptical about banning Trump

It looks like Donald Trump might be on the road to winning a big legal triumph. Unless the judges of the US Supreme Court are playing Devil's Advocate, their questioning so far in the massive case - should Trump be barred from standing for president - looks to be on the sceptical side. I suspect all the judges are saying to themselves: can we really ban Trump? Section 3 of the 14th Amendment says an official cannot stand for reelection to a public office if he or she has been involved in an insurrection. The Colorado supreme court said Trump had to be banned from the ballot in the state because of his alleged involvement in the January 6 assault on the Capitol in 2021. The consitutional Amendment is pretty clear but can it be used in the Trump context? That's what the federal supreme court is now considering and they don't sound too enthusiastic about it. By all accounts the Colorado ruling was minutely argued but it's all about interpretation, and so far the most senior judges in the land look set to overturn the Colorado judges. If they do vote in favour of Trump carrying on his presidential campaign, it will be a win win for the former president. Not only will it allow him to pursue his path back to the White House but it will also provide a huge bonus for his lawyers who will be able to argue in the trial where Trump faces charges for insurrection that the US Supreme Court's ruling effectively undermined the prosecution's case. Trump walks.

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