US supreme court under pressure to rule swiftly on states’ Trump ballot bans

Donald Trump arrives at court in New York City on 7 December. Photograph: Eduardo Muñoz/AFP/Getty Images A decision by Maine’s secretary of state to prevent former president Donald Trump from appearing on the state’s presidential election ballot will now probably end up before the US supreme court. Maine’s move follows a similar decision in Colorado this month. There is mounting pressure on the conservative-leaning judicial body to swiftly rule on Maine and Colorado’s application of section 3 of the 14th amendment prohibiting anyone who “engaged in insurrection” from holding office. But neither decision will be the last ballot eruption in an already convulsive election which is likely to see a rematch of Trump versus Joe Biden. Lawsuits seeking to remove Trump from the ballot have been filed in about 30 states but more than half have already been dismissed, including in California where this week the secretary of state, Shirley Weber, decided to keep Trump on the certified list of candidates for the state’s 5 March primary, and in Michigan. There are now active lawsuits in 14 states, including Alaska, Arizona, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming, seeking to remove Trump ahead of their primaries citing the same constitutional clause. The 14th amendment, ratified three years after the conclusion of the civil war in 1865, covered a range of issues, including guaranteeing rights to former slaves and a provision to disbar anyone who had taken the oath of office to uphold the constitution who “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”. Like other civil war-era laws that have been utilized to try to contain political extremism – including a failed attempt to prosecute the leaders […]

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By Donato