It probably helps, Michael, to parse through the words. The first reason is that President Trump is not covered by Section 3 because the president is not an officer of the United States as that term is used throughout the Constitution. He starts off with his lead argument, which is a very close reading of Section 3 of the 14th Amendment that the Colorado Supreme Court used to say that Trump is not eligible to be president again. The Colorado Supreme Court’s decision is wrong and should be reversed for numerous independent reasons. Jonathan Mitchell, Trump’s lawyer, stands up. Chief Justice, and may it please the court. So there are two basic arguments in the case. We’ll hear an argument this morning in case 23-719, “Trump versus Anderson.” Mr. Well, let’s then talk about the arguments made around that. This was a legal argument about how the constitutional provision in this case works. That really was not the focus of the argument. Right, that question of was it an insurrection? Did Donald Trump incite, engage in that insurrection? And although those topics were not wholly absent from the argument, they came up in passing a couple times. And you might think that that would have occupied a substantial part of the argument. So the courtroom, of course, just across the street from the Capitol, where on Januthere was the cataclysmic assault on the seat of our government. michael barbaroĪnd Colorado, of course, is one of the Super Tuesday states that’s going to be holding a Republican primary on March 5. And the nation needs an answer to whether the leading candidate of one of the political parties is even eligible to hold office. The court had put the case on an exceptionally fast track, partly because ballots in Colorado are going out in a matter of days. And now the question is whether Donald Trump is eligible to be on the ballot in Colorado, but really all across the nation, under a provision of the Constitution that says if you’ve sworn an oath to support the Constitution and then engage in insurrection, you may not hold any office. Gore,” the 2000 decision that handed the presidency to George W. So this is the biggest election case since at least “Bush v. And the Supreme Court begins to hear this momentous case. So Adam, the clock strikes 10:00 AM or so this morning, Thursday. It’s a very handsome business casual kind of thing going on there. Today, we turn to Adam once again to analyze those arguments and the responses from the justices, and what they reveal about how the high court is likely to rule in a case that could alter the course of this year’s race for president.Īdam, I really like your - what do the kids call it? Your fit. And on Thursday, the justices heard arguments for and against keeping Trump off the ballot in Colorado. Just as Adam predicted, the Supreme Court did take the case. And it would be shocking if the Supreme Court would not wade in and issue a ruling on this question that a decade ago would have been impossible to imagine. This really needs to be an issue that is resolved on a nationwide basis, meaning it has to go to the Supreme Court. michael barbaroĪt the time, we turned to our colleague Adam Liptak who covers the Supreme Court for “The Times” to help us understand the meaning of that decision and what could happen next. This Civil War era constitutional provision could knock the leading candidate of one of the two major political parties off the ballot. It states that anyone engaging in insurrection cannot hold public office.īut this is unprecedented constitutional territory, y’all. which according to the 14th Amendment disqualifies him from serving as president. It’s based on a little-known provision that bars people who have engaged in an insurrection from holding government office. michael barbaroīecause, it found, he had engaged in insurrection on January 6 - archived recording archived recordingīecause of his alleged role in the January 6 insurrection. that said Donald Trump was ineligible to be on the state’s ballot for the Republican presidential primary. In December, the Colorado Supreme Court issued a bombshell ruling - archived recording The Colorado Supreme Court has ruled that former President Donald Trump will be left off the state’s primary and presidential ballots. michael barbaroįrom “The New York Times,” I’m Michael Barbaro. Please review the episode audio before quoting from this transcript and email with any questions. While it has been reviewed by human transcribers, it may contain errors. This transcript was created using speech recognition software. The Supreme Court heard arguments about whether Donald Trump can be ruled ineligible to run in Colorado’s presidential primaries. Transcript Kick Trump Off the Ballot? Even Liberal Justices Are Skeptical.
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