The Supreme Court could rule as early as Monday on whether former President Donald Trump can be removed from the ballot in an effort to overturn his 2020 election defeat.
Trump is challenging a groundbreaking Colorado Supreme Court decision that says he is disqualified from serving again as president and from running in the state’s primary on Tuesday.
The resolution of the case on Monday, a day before “Super Tuesday” contests in 16 states, would remove uncertainty over whether votes for Trump, the leading Republican presidential candidate, will ultimately count. Both sides asked the court, which heard arguments less than a month ago, on February 8, to work quickly.
The Colorado court was the first to invoke a post-Civil War constitutional provision designed to prevent those “participating in rebellion” from holding public office. Trump has since also been barred from running in the Illinois and Maine primaries, although both decisions, as well as the Colorado one, have been put on hold pending the outcome of the Supreme Court case.
To date, the Supreme Court has not ruled on Section 3 of the 14th Amendment.
The court said on Sunday that it would rule on at least one case on Monday, following its practice of not disclosing specific cases. But it also departed from usual practice in some ways, fueling expectations that the Trump ballot case would go to trial.
Except in late June near the end of a term, the court almost always rules on the days a justice is scheduled to take office. But the next scheduled court date is not until March 15. Except when courts are closed during the coronavirus pandemic, justices almost always read summaries of their opinions in court. They won’t be there on Monday.
Any comments will be posted on the court’s website after 10 a.m. ET Monday.
Separately, the justices agreed last week to hear arguments in late April on whether Trump can be criminally prosecuted on charges of election interference, including his role in the Jan. 6, 2021, attack on the U.S. Capitol. The court’s decision to intervene in the politically charged case, with little precedent to guide it, raises questions about whether Trump will stand trial before the November election.
The former president faces 91 criminal charges in four indictments. The only one with a trial date is his state case in New York, where he is accused of falsifying business records related to hush-money payments to porn actors. The case will be heard on March 25, and the judge has indicated that the case will continue to be heard.
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