The US Supreme Court today hears arguments from the parties for and against the eligibility of Donald Trump after the State of Colorado excluded him from the vote for his role in the storming of Capitol Hill under the 14th Amendment of the Constitution, which bars officials involved in insurrections or revolts against the Constitution by which they are sworn from holding public office.
This is an unprecedented case in a presidential election.
The historic decision is not expected today but must arrive in time for Super Tuesday on March 5, when the Centennial state goes to the vote.
The ruling will also set a precedent for similar lawsuits filed in various US states and could therefore become decisive in the race for the White House.
The tycoon can count on a majority of six conservative judges out of nine (including three appointed by him).
One of them, Clarence Thomas, refused to recuse himself despite requests also from the Democratic side for the role of his wife Ginni, a pro-Trump activist involved in the attempt to overturn the outcome of the 2020 vote.
According to the former president's lawyers, the third section of the 14th amendment, on the basis of which the Colorado supreme court excluded Donald Trump from the vote, is not immediately enforceable and it is up to Congress alone to put it into force.
The section also concerns "officials of the United States", i.e. those appointed, not elected like the president, who therefore does not fall under the rule.
The assault on the Capitol, again according to Trump's defenders, "was a riot, not an insurrection. The events were shameful, criminal, violent but do not qualify as an insurrection":
Reproduction reserved © Copyright ANSA