The Maine Superior Court has ruled that former President Donald Trump can currently be included on the state’s Republican presidential primary ballot. The case regarding his eligibility for a second term will be revisited by the secretary of state after the U.S. Supreme Court makes a decision.
The situation in Colorado is similar..
Justice Michaela Murphy, a judge on the superior court in Augusta, issued a 17-page ruling stating that Secretary of State Shella Bellows’ decision from December, which was made by a Democrat, should stay on hold until the Supreme Court makes a decision in the Colorado case.
Murphy pointed out that the primary in Maine is set to take place on March 5. He stated that if the Supreme Court does not disqualify President Trump from holding office before that date, eligible voters in Maine will have the opportunity to vote for him in the primary using ranked-choice voting to determine the winner.
Requested that the Maine Superior Court examine the ruling made by Bellows.
It was determined that he does not possess the necessary qualifications. to hold the presidency under
The third section of the Fourteenth Amendment in the US Constitution.
After the Civil War, a rule was put in place that prohibits individuals from holding public office if they have taken an oath to support the Constitution and later participate in an act of rebellion against it.
After facing two challenges to Trump’s eligibility under Section 3, Bellows determined that Trump incited insurrection by stirring up his followers in the weeks leading up to and on Jan. 6, and instructing them to go to the Capitol.of the 2020 election.
On January 6, 2021, there were events that were both unprecedented and tragic. These events were not just an attack on the Capitol and government officials, but also on the rule of law,” she stated. “The evidence clearly shows that they were instigated by and carried out with the knowledge and backing of the former President. The U.S. Constitution does not permit an assault on the core principles of our government, and Section 336 obligates me to take action in response.”
Bellows was the sole state election official to independently determine that Trump does not meet the requirements for the state’s primary ballot. However, she temporarily halted the implementation of her ruling in order for him to appeal to the superior court. Maine, along with twelve other states, is scheduled to hold their primary elections on March 5th.
The ex-president had requested that the court dismiss Bellows’ decision and mandate her to promptly add his name to the primary ballot. Trump’s lawyers claimed that Bellows was a “prejudiced decision-maker” who should have abstained from the case and argued that she did not have the legal power, according to Maine law, to address the constitutional concerns brought forth by the voters challenging his eligibility for office.
According to Trump’s attorneys, Bellows’ decision, as stated in a document submitted to the Superior Court, was influenced by prejudice and a widespread disregard for proper procedures. They further contended that, even if state law permitted the secretary of state to evaluate objections to Trump’s eligibility based on Section 3, she would not have been able to do so. This is because they believe the provision requires congressional action to be enforced and does not prohibit a candidate from seeking public office.
The lawyers for Trump also claimed that the law does not pertain to the position of president or to individuals who have taken the presidential oath. They disputed the accusation that he incited insurrection.
“Our nation has never before seen a secretary of state take it upon themselves to strip away the ability for the public to select a major party’s candidate for president, citing Section 3 of the 14th Amendment,” stated the lawyers in written documents. “This disregard for the people’s right to choose their own political representatives in Maine goes against both state and federal laws, including the US Constitution.”
Bellows refuted Trump’s allegation that she was biased against him, writing in court papers that she conducted an impartial hearing on the matter of his eligibility. Lawyers for the state also argued that the text of Section 3 does not include any requirement for Congress to pass enforcement legislation.
According to statements made to the higher court, Mr. Trump deliberately encouraged a violent assault on the Capitol in order to disrupt the peaceful transfer of power. The evidence supports the conclusion that the secretary, in accordance with the standard of review, appropriately determined that Mr. Trump participated in an insurrection and is therefore ineligible to hold the office of the president under Section 3 of the 14th Amendment.
is currently comprised of a conservative majority
The question of whether or not Trump can serve a second term as President is currently in the hands of the Supreme Court, which currently has a conservative majority.
A ruling made by the Colorado Supreme Court.
Stepping down from the position of president.
The ruling of 4-3 by the Colorado court was a significant event as it was the first instance where Section 3 was utilized to disqualify a candidate for president. The Colorado Supreme Court temporarily suspended their decision to give Trump the opportunity to challenge it.
The decision by the U.S. Supreme Court may determine if Trump can appear on the primary ballot in Colorado and other states. The outcome is anticipated to be announced shortly after the court hears arguments on February 8th.