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The judges contended that this may mean that a candidate for office might be disqualified for the same behavior in some states but not in others.
ALERT! Major Water Restrictions In Effect!
“Nothing in the Constitution requires that we endure such chaos — arriving at any time or different times, up to and perhaps beyond the Inauguration,” they wrote.
The Democrats may have a fallback option, even if the Supreme Court has decided that neither Colorado nor any other state can prevent Trump from running for office.
In a piece that appeared on February 23, Democratic legislators warned The Atlantic’s Russell Berman that if the Supreme Court does not rule on the question of whether Trump participated in an insurrection, they may conclude that he did and refuse to recognize the election if he wins.
The Supreme Court did not rule on whether Trump broke the law, but instead used 18 U.S. Code § 2383 as a yardstick for rebellion in its decision to find in favor of Trump.
In his article, Berman pointed out that Democratic politicians seeking political cover would find themselves in a difficult situation if the court decided to go that path.
In January 2025, the Electoral College results will be certified by a vote of the newly elected Congress.
With a razor-thin majority held by Republicans, Democratic control of the House may easily revert in November’s election. The Senate is controlled by Democrats 51–49, but they will have a challenging electoral landscape in autumn. Nevertheless, they might be able to hold onto the top house.
An objection to the certification of an Electoral College vote can be upheld with a simple majority.
“In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility,” Berman wrote.
“Contesting a presidential election by claiming that the winner is ineligible, however, has no precedent,” he pointed out.
Since 2000, Democratic lawmakers have persistently challenged every Republican presidential win on the grounds of alleged electoral malpractice.
Their determination that Trump is an insurrectionist and, so, ineligible under the 14th Amendment would be the basis for their rejection to declare his victory this autumn.
Democratic Representatives from California, Adam Schiff and Eric Swalwell, both took the position of holding out to observe the Supreme Court’s decision, according to the article.
When asked what he would do in the event that the court decided not to rule on Trump’s eligibility, Schiff said, “I don’t want to get into the chaos hypothetical.”
When asked how he would vote in such a situation, former South Carolina House Majority Whip James Clyburn likewise hesitated. The seasoned congressman’s only assessment on Trump was that “I think he’s an insurrectionist.”
According to California Representative Zoe Lofgren, Trump is “clearly ineligible,” and she “might be” among those who vote against recognizing him as the election’s victor.
Berman’s questions were unanswered by House Minority Leader Hakeem Jeffries, who would probably take over as speaker if Democrats were to win the House in November.
Would Democrats be so naive as to vote against Trump’s official victory? This is especially concerning given all of their rhetoric about Republicans destroying democracy after the 2020 election.
Hopefully not, but given their actions in courts and other settings this election season, it’s possible.
