Supreme Court Faces Decision on Trump’s Presidential Eligibility

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The U.S. Supreme Court will likely weigh in on whether former President Donald Trump can make a run for the presidential seat again.

This week, Trump appealed a ruling from the Colorado Supreme Court that decided he is ineligible for the presidency because he violated a constitutional prohibition on those who hold office engaging in “insurrection.”

Colorado is barring Trump from the state ballot in its decision because of the violation. It is the first time in history that the amendment is being used to prohibit a candidate from running for the presidency.

The provision comes from Section 3 of the Constitution. It reads: “No Person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.”

Trump’s lawyers argue that Section 3 does not apply to the president because it specifically mentions electors, senators, and representatives. The provision also points to those who take an oath “to support” the U.S., but in the presidential oath of office, presidents say they will “preserve, protect, and defend” the Constitution.

Lawyers also say that the Jan. 6 riot at the Capitol was not an insurrection because it was not “widespread” and did not involve “large amounts of firearms or other markers of sedition.”

According to the Associated Press, the U.S. Supreme Court could uphold Colorado’s ruling and say Trump is not qualified to be president, or it could side with Trump and declare he is qualified.

The court could also overrule Colorado on a technicality in procedures and push the case to the fall.

Trump also faces a similar case in Maine, where he was also ruled ineligible.

Photo Courtesy: ©Getty Images/Brandon Bell/Staff

Amanda Casanova is a writer living in Dallas, Texas. She has covered news for since 2014. She has also contributed to The Houston Chronicle, U.S. News and World Report and She blogs at The Migraine Runner.

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