Former President Donald Trump’s appeal of a Colorado ruling barring him from the ballot may force the U.S. Supreme Court to weigh in directly on his 2024 election prospects, a case that legal experts said will likely pull its nine justices into a political firestorm.
That state was the first, followed by Maine, to rule that Trump was disqualified from seeking the Republican presidential nomination due to his actions ahead of the Jan. 6, 2021, attack on the U.S. Capitol, an unprecedented legal decision that the nation’s top court could find too pressing to avoid.
“I doubt that any of the justices are pleased that they’re being forced into the fray over Donald Trump’s future. But it seems to me that the court will have no choice but to face these momentous issues,” said attorney Deepak Gupta, who has argued cases before the Supreme Court.
The justices, Gupta said, will have to act with “unusual speed and, hopefully, in a way that does not further divide our deeply divided land. That is a daunting and unenviable task.”
Article 1, Section 4 of the Constitution explains that the States have the primary authority over election administration, the “times, places, and manner of holding elections”.
The US Constitution already says it’s the State’s authority. They don’t cede anything because they are just following what the Constitution says on this one specific issue.
Article 3, Section 1 and 2 state that SCOTUS is the supreme court of justice for everything to do with the Constitution. There is nothing there that says SCOTUS can abdicate its job by bumping anything to do with the Constitution to a lower court.
Right, they interpret the Constitution. If their interpretation of Article 1 Section 4 says it’s up to the states then they have done their job and interpreted the constitution.
Article 1, Section 4 does NOT give the states control over Presidential elections … only for senators and reps.
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