Supreme Court takes center stage in the Trump legal battles

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Climber dies in fatal fall on Colorado 14er south of Aspen

Climber Killed in Fall on Colorado 14er South of Aspen

A climber died Sunday after falling on a high-altitude peak south of…
Lindsay Clancy’s lawyer asks Trump to consider pardoning his client

Lindsay Clancy’s Lawyer Urges Trump to Consider Presidential Pardon

Kevin Reddington, the outspoken attorney representing Lindsay Clancy, made a direct public…
Mamdani, Hochul march in West Indian Day Parade in NYC

Mamdani and Hochul Join West Indian Day Parade in New York City

Mayor Zohran Mamdani rode through Brooklyn on a parade float Monday while…
4 family members flying from Bahamas to Florida in small plane go missing, with Coast Guard joining search

Family of 4 Missing on Bahamas-Florida Small Plane Flight

Pilot survives emergency landing off Boca Raton beach The hosts of “Fox…
Russia’s quieter nuclear submarines threaten NATO, former commander warns

Russia’s Quieter Nuclear Subs Put NATO on Edge, Ex-Chief Warns

Russia’s increasingly quiet, next-generation nuclear submarines are putting fresh strain on NATO’s…
Witness describes

Witness Describes Key Moments in Incident

Federal investigators arrived in South Florida on Sunday to examine the circumstances…
US forces sink narco-refueling station linked to Ecuadorian cartel in Pacific: SOUTHCOM

US Forces Sink Ecuador Cartel’s Pacific Narco Fuel Hub

U.S. forces destroyed a floating fuel platform tied to an Ecuadorian criminal…
Is the Iran-backed terrorist movement Hezbollah on the ropes in Lebanon?

Is Iran-Backed Hezbollah Losing Ground in Lebanon?

Israel’s dramatic seizure on Sunday of the strategically important Ali al-Taher ridge…
Man shot dead by LAPD in Boyle Heights after charging officers with tree trimmer

LAPD Fatally Shoots Man Armed With Tree Trimmer in Boyle Heights

A man armed with a tree-trimming pole saw fitted with a 12-inch…
Jimmy John's employee accused of opening fire on car, shooting 14-year-old girl in leg: police

Jimmy John’s Employee Accused of Shooting 14-Year-Old Girl

A confrontation that police say started at a Jimmy John’s in St.…
Blakeman poll claims he's within 4 points of toppling Hochul

Blakeman Poll Shows Him Within 4 Points of Hochul in New York Governor’s Race

Republican Bruce Blakeman is within striking distance in New York’s closely watched…
Judge denies ousted Stars and Stripes journalists effort to reverse Pentagon's firings

Judge Rejects Ousted Stars and Stripes Journalists’ Bid to Reverse Pentagon Firings

A federal judge on Friday rejected an effort by three former Stars…