The Supreme Court debates whether Trump can be banned from running in the US presidential election.

The United States Supreme Court will debate this Thursday whether to ban donald trump contest the presidential elections in November.

The nine magistrates must answer one question: the name of the trump in the Republican presidential primary elections in the state of Colorado due to his alleged role in his supporters’ attack on the Capitol on January 6, 2021?

The Colorado Supreme Court, citing the 14th Amendment to the Constitution, ruled in December that trumpthe big favorite for the Republican nomination in 2024, should be excluded from the polls for this reason.

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Section 3 of the 14th Amendment prohibits anyone from holding public office if they have participated in an “insurrection or rebellion” after pledging to defend the Magna Carta.

The amendment, ratified in 1868 after the Civil War, was intended to prevent supporters of the pro-slavery Confederacy from being elected to Congress or holding federal office.

trump77, appealed to the Supreme Court to reject the Colorado decision and similar proposals in other states to keep him out of the election.

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Republican presidential candidate Donald Trump raises his fist while speaking at a campaign event in Concord, New Hampshire, January 19, 2024. (Photo by TIMOTHY A. CLARY/AFP). (TIMOTHY A. CLARY/)

The conservative-majority court, which includes three justices appointed by the trumpreserved 80 minutes for oral arguments, but they are expected to last longer.

The Court has traditionally been reluctant to get involved in political matters, but this year it is forced to speak out.

In addition to the Colorado case, the court could also accept an appeal from trump against a lower court ruling that, as a former president, he does not enjoy immunity from criminal prosecution and can be tried on charges of conspiracy to alter the outcome of the 2020 election.

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Steven Schwinn, professor of constitutional law at the University of Illinois at Chicago, estimates that any decision will be interpreted by the population as “interference in elections”.

“If they disqualify trumpsupporters of trump “They will consider it interfering in the election” and if not, their opponents will think the same, Schwinn said.

The lawyers of trump They insist that “the American people, not the courts or election officials, should choose the next president of the United States.”

“At least 60 state and federal courts across the country have refused to remove the president trump of the ballots”, they say. “The Colorado Supreme Court is the only exception.”

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Former US President Donald Trump leaves Trump Tower heading to Manhattan federal court for the second defamation trial against him, in New York City, January 22, 2024. (Photo by Charly TRIBALLEAU / AFP ) (CHARLY TRIBALLEAU/ )

Lawyers therefore call on the Supreme Court to “protect the rights of the tens of millions of Americans who wish to vote for the president.” trump”.

According to them, Section 3 of the 14th Amendment can only be enforced by “methods approved by Congress” and not through state courts. Nor should it apply to trump -they say- because it refers to “officials of the United States”, that is, appointed and not elected positions.

Furthermore, they insist, the former president “did not ‘participate’ in anything that constitutes ‘insurrection’”.

“There was no ‘insurrection,’” they said. “The events of January 6 were not an ‘insurrection,’ as they did not involve an organized attempt to overthrow or resist the United States government.”

trump gave a fiery speech to thousands of supporters in Washington on January 6 before they headed to the Capitol in an attempt to block Congress’ certification of Democrat Joe Biden’s electoral victory.

The Democratic-majority House of Representatives accused him of inciting an insurrection, but the Senate acquitted him.

Source: Elcomercio