Focus on the US Supreme Court on Trump's disqualification

WHAT MATTERS MOST - Josephus Jimenez - The Freeman

The US Supreme Court is the highest court in America, based in the country's capital in Washington, D.C. I had the honor of visiting this hallowed building along with the White House and the US Capitol sometime in the 1980’s. This court has the ultimate appellate jurisdictions over all federal cases involving constitutional issues. The Colorado Supreme Court decision disqualifying Donald Trump will soon be decided by this court.

Under Section 3 of the US Constitution's 14th Amendment, no person can be elected president or vice president or hold office under the US government if he, as an officer of the USA, has previously taken an oath to support the Constitution and then engaged in insurrection or rebellion. This disability however can be removed by Congress by a vote of two-thirds. I have no sympathy for Donald Trump but I do have a strong feeling that the nine members of the US Supreme Court will reverse the decision of the Colorado Supreme Court, based on many grounds. First, I don't think that any State Supreme Court can disqualify a presidential candidate. Second, there is no final ruling yet that the January 6, 2021 attack against the Capitol could be considered an insurrection, much less a rebellion.

Although justices are not supposed to vote according to party lines, the current membership of the US Supreme Court is dominated by Republicans and conservatives. One justice, Clarence Thomas, an African-American, was appointed by Republican George Henry Walker Bush (the father). The wife of Thomas is an active Trump campaigner. He should be recusing himself but he opted not to inhibit. Two were nominated by Republican George W. Bush (the son), who include the Chief Justices John Roberts and Samuel Alito, a Hispanic. Three were appointed by Donald Trump; Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Only two were nominated by Democrat President Barack Obama. They are Sonia Sotomayor and Elena Kaga. And one by Democrat Joe Biden, the Jamaican-American Ketanji Brown Jackson.

Thus, six are conservatives and only three are progressive Democrats. I listened to the proceedings online as their lawyers argued and I have a feeling that Donald Trump, although many do not like him, will win this one. Another question that the Supreme Court will have to address is whether or not Donald Trump falls under the category of being "officer of the United States". The lawyers for Trump argued that the word "officer" in the 14th amendment refers to other officials elected and appointed but not to the president of the USA. The lawyers opposing Trump cited many documents where this word "officer" did refer to the president as well.

The lawyers for Trump also argued that Trump never took an oath to support the Constitution. The presidential oath of office says to "preserve, protect and defend" the Constitution and not to "support". I do not know whether this legalistic gobbledygook of hair-splitting can stand in court. What I know however is that Trump is most likely to win this case for another good reason: No State Supreme Court, whether it is California, Hawaii, Florida, Texas, New York, or Colorado for that matter, can decide to disqualify a candidate for the entire USA. That alone will mean that the Colorado Supreme Court ruling will most likely be overturned by the US Supreme Court.

I am afraid that the vote may be unanimous if the three lady Democrats will cross party lines: Sotomayor, Kagan, and Jackson. My instincts tell me now that they will. The most likely exception is Jackson. Let us see and allow the law to run its own course.

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