Donald Trump's candidacy, on the bench of the Supreme Court

In a historic move, the Supreme Court of the United States is currently reviewing whether former President Donald Trump can be a candidate in the upcoming elections. The Colorado State Supreme Court has already barred him from appearing on the November 5 ballots, citing the third clause of the fourteenth amendment of the US Constitution.

According to the Colorado court, Trump’s actions on January 6, 2021, when he encouraged his supporters to storm the Capitol, constitute an insurrection. It took him more than three hours to call for law enforcement to intervene, which further adds to the gravity of the situation.

While Colorado and the state of Maine have both addressed this issue, the final decision rests with the Supreme Court. Interestingly, the Republican judges on the bench, including those appointed by Trump, seem skeptical of Colorado’s argument. Surprisingly, even some of the Democratic judges have expressed reservations about the state’s position, except for Sonia Sotomayor.

Based on the tone of the recent session, it appears that the ruling may favor Trump. In fact, it is possible that no justice will vote in favor of Colorado. Trump, who decided not to attend the Supreme Court session to avoid further controversy, still maintains that Colorado’s decision is politically motivated.

The crux of the matter lies in the ongoing debate about the balance of power between the states and the federal government. Justice Elena Kagan highlighted the concern that a single state could potentially influence the outcome of the presidential elections, implying that it should be a federal matter.

Ultimately, it seems that the US Supreme Court intends to avoid taking a definitive stance on the issue, much like its counterpart in El Salvador did when allowing Nayib Bukele to run for re-election. The justices might argue that it is the responsibility of Congress to regulate this matter, emphasizing that the lack of action from Congress absolves them of any involvement.

Another point of contention is whether Trump’s actions can be classified as an insurrection. The case does have a certain absurdity to it, as Ginni Thomas, the wife of conservative Justice Clarence Thomas, collaborated with Trump in his efforts to undermine the election results. Furthermore, she even chartered buses to transport his supporters to the rally that later led to the assault on the Capitol.