The Oregon Supreme Court on Friday declined to hear a bid to remove former President Donald Trump from the 2024 ballot based on the 14th Amendment’s “insurrectionist ban,” saying it’s waiting for the US Supreme Court to rule on the issue.
Yeah it would be clearest if there was a single stance the Supreme Court can take. My layman non-American analysis sees it largely going one of 3 ways:
A - US Supreme Court adds no comment and lets the Colorado court decide: Each state’s supreme court has the final decision whether Trump is on the ballot where challenged.
B - US Supreme court overrides Colorado court and says Trump needs to be allowed on ballot no matter what because the Constitution doesn’t matter if Congress does nothing about it, self-executing-schmexecuting, except where it’s convenient for SCOTUS interests. Then, anyone challenging Trump’s eligibility as a candidate will need to challenge over a different rule. **
C - US Supreme court rules that Trump violated 14th amendment and is ineligible, so wherever Trump is challenged courts will have precedent to bar him.
** Funny sidenote from the Maine case, one of the challenges was that since Trump asserts he won in 2020, he cannot run for 3 terms per the 22nd Amendment. That challenge was denied because neither group made a case that Trump won in 2020.
Yeah it would be clearest if there was a single stance the Supreme Court can take. My layman non-American analysis sees it largely going one of 3 ways:
A - US Supreme Court adds no comment and lets the Colorado court decide: Each state’s supreme court has the final decision whether Trump is on the ballot where challenged.
B - US Supreme court overrides Colorado court and says Trump needs to be allowed on ballot no matter what because the Constitution doesn’t matter if Congress does nothing about it, self-executing-schmexecuting, except where it’s convenient for SCOTUS interests. Then, anyone challenging Trump’s eligibility as a candidate will need to challenge over a different rule. **
C - US Supreme court rules that Trump violated 14th amendment and is ineligible, so wherever Trump is challenged courts will have precedent to bar him.
** Funny sidenote from the Maine case, one of the challenges was that since Trump asserts he won in 2020, he cannot run for 3 terms per the 22nd Amendment. That challenge was denied because neither group made a case that Trump won in 2020.