As of: February 8, 2024, 12:02 p.m
By: Christian Stör
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Donald Trump gestures as he appears to speak at a rally in Las Vegas, Nevada, on January 27, 2024.
© Patrick T. Fallon/afp
An insurrection clause could prevent Donald Trump from returning to the White House.
The Supreme Court has the final say.
The news ticker for the hearing.
Hearing
before the
Supreme Court
: Will Donald Trump be excluded from the US election?
Trump
on
trial
: Supreme Court could blame Congress
The Supreme Court intervenes in the legal dispute over Donald Trump's participation in the Republican primaries.
The hearing before the US Supreme Court begins today (February 8th) at 4 p.m.
This ticker is constantly updated.
Washington, DC – The election year in the USA is only a few weeks old.
But the first drama has already begun - in front of the country's Supreme Court.
The Supreme Court is deciding on the question of whether Donald Trump can be excluded from the US election in November because of his role in the attacks on the US Capitol on January 6, 2021.
The background is the so-called ban on insurrection in the 14th Amendment to the Constitution.
In essence, it says that no one who has previously been “involved in an insurrection” as an official may hold a higher office in the state.
Several groups have relied on this to have Trump removed from the ballot in the Republican primaries.
They also had success with this in Colorado.
The Supreme Court there decided that Trump should be disqualified from the Republican primary in that state.
However, Trump appealed the decision.
That's why the verdict is suspended for now.
Only when the highest authority in the country has ruled will it be clear whether Trump can move into the White House again.
Hearing before the Supreme Court: Can Donald Trump become US President again?
On February 8th the time has come.
The nine judges in Washington, DC will hear arguments from both sides starting at 4 p.m. CET.
The hearing is scheduled to last 80 minutes but will likely last longer, according to Amy Howe, an expert on U.S. constitutional law.
A decision will only be made later, possibly in the coming days.
The verdict should be available no later than Super Tuesday on March 5th, when Colorado and 14 other states as well as American Samoa hold their primaries.
However, it is often clear during a hearing before the Supreme Court in which direction the pendulum will swing.
Although the Colorado case is before the Supreme Court, the impact of the court's ruling is likely to be far broader.
After all, Maine also decided in December to exclude Trump from the primary election.
Trump is also expected to be disqualified in eleven other states.
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Members of the Supreme Court |
Appointed by President |
|---|---|
John Roberts (Chairman) |
George W Bush (R) |
Clarence Thomas |
George H. W. Bush (R) |
Samuel Alito |
George W Bush (R) |
Sonia Sotomayor |
Barack Obama (D) |
Elena Kagan |
Barack Obama (D) |
Neil Gorsuch |
Donald Trump (R) |
Brett Kavanaugh |
Donald Trump (R) |
Amy Coney Barrett |
Donald Trump (R) |
Ketanji Brown Jackson |
Joe Biden (D) |
Supreme Court decides whether Donald Trump will be excluded from the US election
But how will the Supreme Court decide?
According to Politico
, most experts
expect the conservative-dominated Supreme Court to overturn the Colorado ruling in one way or another.
However, a clear answer cannot be expected in politically explosive times.
Trump himself has already warned the Supreme Court of “chaos and tumult” if a decision is made against him.
“I think there will be a technical verdict,” said law professor Aaron Tang from Stanford University in California in an interview with the
German Press Agency
.
You could imagine it “like an emergency exit”, as a route “that is not politically explosive”.
According to dpa
, Tang
also assumes that the court will in principle side with Trump.
For example, the justices could determine that the Insurrection Clause does not apply to presidents.
Although the text gives some examples of the offices affected, the office of president is not explicitly listed.
On the other hand, the clause contains a general provision prohibiting insurgents from holding “any civil or military office in the United States.”
Supreme Court could blame Congress in Donald Trump case
It cannot be ruled out that the Supreme Court will refer the question to Congress.
The clause itself says nothing about who decides whether a person is to be considered a rebel.
Trump's lawyers also argue, as
Politico
writes, that any disqualification must follow a procedure prescribed by Congress.
State courts should not be allowed to make their own judgments.
The Supreme Court could therefore decide that Congress would first have to pass a corresponding law before the Insurrection Clause could be applied.
But such a decision could be problematic.
A half-hearted statement that leaves the decision to Congress “is a risk that involves playing with dynamite,” said lawyer Josh Blackman, according to
dpa,
at an event organized by the conservative think tank Heritage Foundation.
“I would like the court to find a clean solution.”
The Supreme Court could also exclude Donald Trump from the US election
There are many other ways the court can ultimately rule.
The Supreme Court could even determine that Trump is not suitable for the office of president.
He could then continue to run, but would not be allowed to become president again.
However, that hardly seems conceivable.
Lawyer Aaron Tang made it clear to the
German Press Agency
what that would mean: Such a verdict would be a “world-changing decision”.
(cs)