Share this @internewscast.com

The case revolves around language in the Constitution’s 14th Amendment that bars people who “engaged in insurrection” from holding office. It raises many novel legal questions, including whether the language even applies to someone running for president.

Also lurking in the background is a case the court agreed to hear last week involving a man charged for his actions on Jan. 6 that could affect Trump’s Washington prosecution because he is charged under the same federal law at issue. That case is one of four different criminal prosecutions Trump is facing.

The politically divisive nature of the cases is a particular challenge for the court, which saw its favorability rating drop in opinion polls following its decision last year to overturn landmark abortion rights ruling Roe v. Wade.

That sparked a debate about whether the court’s legitimacy was under threat because it is at risk of losing the trust of the people. More recently, the court has been rocked by claims that justices, most notably conservative Justice Clarence Thomas, have failed to meet ethics standards.

The Supreme Court’s central role in the Trump legal wars is already drawing comparisons with the 2000 election, when the justices ended up issuing a pivotal 5-4 ruling that ended the Florida recount, enabling Republican candidate George W. Bush to prevail over Democratic opponent Al Gore.

“Once again the Supreme Court is being thrust into the center of a U.S. presidential election. But unlike in 2000 the general political instability in the United States makes the situation now much more precarious,” Rick Hasen, an election law expert at UCLA School of Law, wrote immediately after the Colorado ruling. In a follow-up email, he said the Colorado case, unlike the immunity issue, goes to the heart of the election itself.

Rick Pildes, a professor at New York University School of Law, had similar sentiments, agreeing with Hasen that the Colorado case in particular poses great risks to the court.

“Unless the court can reach a close to unanimous decision or decide the case in a way that scrambles up the perceived ideological divides on the court, half the country is going to believe the court acted in a partisan fashion,” he said.

In all the election-related cases now approaching the court, timing is key, with Trump the frontrunner for the Republican nomination with primary season quickly approaching.

The Colorado Supreme Court took some of the heat out of its own ruling by making it clear that the decision will remain on hold indefinitely once Trump asks the U.S. Supreme Court to intervene.

The state court said that in the meantime, Colorado officials “will continue to be required to include President Trump’s name on the 2024 presidential primary ballot” until the Supreme Court acts.

With the Colorado primary ballot deadline in early January, there is little time for the Supreme Court to do anything substantive before then, meaning it remains reasonably likely that Trump will be on the ballot for the March 5 primary while the litigation continues.

The Supreme Court could, if it chooses, take up the case and issue a ruling, although unless it acts unusually quickly, it may end up only being applicable in the general election. Any decision would affect similar cases in other states.

The justices also have the option of going slow on the immunity issue despite Smith’s request, which seeks to circumvent the normal appeals process. Proceedings are continuing in the U.S. Court of Appeals for the District of Columbia Circuit, which has yet to rule. It’s scheduled to hear oral arguments on Jan. 9.

The Supreme Court could simply wait for the appeals court to act before deciding whether to intervene. Trump’s response to Smith’s request is due to be filed on Wednesday.

In the separate case involving Jan. 6 defendant Joseph Fischer, the court in the coming months will decide whether to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory. It is one of the charges facing Trump in the Washington election interference case, with a trial scheduled to begin in March.

Trump could use the impending ruling in Fischer’s case to try to delay the start of the trial and if Fischer wins could seek to dismiss the charge.

Share this @internewscast.com
You May Also Like
YouTuber Jack Doherty arrested in Miami on drug-related charges

Popular YouTuber Jack Doherty Faces Drug Charges Following Miami Arrest

A 22-year-old content creator has been apprehended on various drug charges, with…
Niger fallout under Biden leaves US troops ‘blind’ in battle with terror groups

Biden’s Response to Niger Crisis: US Troops Struggle Against Terror Threats

EXCLUSIVE: U.S. forces engaged in counter-terrorism efforts against al Qaeda and ISIS…
Charlotte, North Carolina immigration enforcement: Border Patrol Cmdr. Greg Bovino touts arrests despite local leaders' objections

Charlotte Immigration Crackdown: Border Patrol Leader Defends Arrests Amid Local Opposition

CHARLOTTE, N.C. — On Sunday, a senior Border Patrol official highlighted a…
Charlie Kirk honored in Jerusalem as hundreds gather, including officials, clergy and Christians

Charlie Kirk Receives Recognition in Jerusalem: A Gathering of Officials, Clergy, and Christian Supporters

A memorial service held in Jerusalem for the late conservative activist Charlie…
Three women indicted for allegedly livestreaming chase of ICE agent to his home and posting address online

FBI Issues Urgent Alert: Scammers Impersonate ICE Agents to Target Communities – Expert Tips to Identify Red Flags

The FBI has issued an alert regarding a surge of criminal activities…
Jets Cornerback Kris Boyd in Critical Condition After Being Shot in NYC

Tragic Shooting in NYC Leaves Jets Cornerback Kris Boyd Fighting for His Life

New York Jets cornerback Kris Boyd is in a critical state following…
NJ education board candidate runs over opponent’s lawn sign

Tragic Discovery: SWAT Team Responds to NJ Gunshot Report, Finds Woman Dead and Detains Suspect

In response to a reported gunshot at a residence in New Jersey,…
Trump Calls Democrats' Bluff, Demands Republicans Release the Epstein Files

Trump Challenges Democrats: Urges GOP to Unveil Epstein Documents

In a recent post on his Truth Social platform, former President Trump…
Zelenskyy says peace deal will not include giving territory to Moscow ahead of Trump-Putin summit

Zelenskyy’s Leadership Tested Amid $100M ‘Golden Toilet’ Scandal: Allies Under Fire in Wartime Corruption Crisis

Ukrainian President Volodymyr Zelenskyy is confronting a significant crisis in his presidency…
JSO: Man shot inside Springfield home during home invasion

JSO Reports: Man Injured in Springfield Home Invasion Shooting

In a startling incident in Jacksonville’s Springfield neighborhood, a man in his…
Chicago CTA releases Holiday Train, Bus schedules

Unwrap the Magic: Chicago CTA’s 2023 Holiday Train & Bus Schedule Revealed!

CHICAGO (WLS) — The Chicago Transit Authority has unveiled the schedule for…
Mamdani backs Palestinian activist in legislative race where battle with ‘Israeli lobby’ a key issue

Mamdani Supports Palestinian Advocate in Pivotal Legislative Race Amid Israeli Lobby Debate

Following his recent victory in the mayoral election, democratic socialist Zohran Mamdani…