A case with the potential to disrupt Donald Trump’s drive to return to the White House is putting the Supreme Court uncomfortably at the center of the 2024 presidential campaign.

In arguments Thursday, the justices will, for the first time, wrestle with a constitutional provision that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from reclaiming power.

The case is the court’s most direct involvement in a presidential election since Bush v. Gore, a decision delivered a quarter-century ago that effectively delivered the 2000 election to Republican George W. Bush. It comes to a court that has been buffeted by criticism over ethics, which led the justices to adopt their first code of conduct in November, and at a time when public approval of the court is diminished, at near-record lows in surveys.

The dispute stems from the push by Republican and independent voters in Colorado to kick Trump off the state’s Republican primary ballot because of his efforts to overturn his 2020 election loss to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the U.S. Capitol.

  • MxM111@kbin.social
    86·
    9 months ago

    Here is one: the constitution says nothing about being on the ballot. Only about serving.

    • MagicShel@programming.dev
      7·
      9 months ago

      Having someone on the ballot who is ineligible to serve has already been tried (before Gorsuch before he was on the SCOTUS) and it turns out if you can’t serve you can’t be on may be excluded from the ballot. This from following legal blogs so apologies if I don’t have that quite right.

      • Cuberoot@lemmynsfw.com
        2·
        9 months ago

        Really? What about Nicaraguan-born Roger Calero who was the SWP nominee in 2004 (his VP candidate was a citizen by birth, but was only 28). Several states had the SWP run an eligible candidate instead, but at least 5 of them listed Calero/Hawkins.

        • MagicShel@programming.dev
          3·
          9 months ago

          Back in 2012, Gorsuch was a judge on the United States Court of Appeals for the Tenth Circuit. In that capacity, he wrote the panel opinion in Hassan v. Colorado. Hassan, a naturalized citizen, sued Colorado, arguing it was required to put him on the presidential ballot even though he was not a natural-born citizen and was therefore not constitutionally qualified to run for president. The Tenth Circuit ruled against him, with Gorsuch writing that states have “a legitimate interest in protecting the integrity and practical functioning of the political process” and that because of that, they can “exclude from the ballot candidates who are constitutionally prohibited from assuming office.” It’s that quote that makes its way into the Colorado Supreme Court opinion.

          I googled the situation and that’s what comes up. I’m not qualified to explain it any better.

          Edit: it appears my version was slightly wrong. It’s not that he can’t be on the ballot, it’s that there is no requirement that he be on the ballot if the state wants to exclude him based on ineligibility.