Donald Trump at a rally in front of the White House just before supporters stormed the US Capitol, January 6 2021.Jacquelyn Martin/Copyright 2020 Jacquelyn Martin. All rights reserved.

US Supreme Court to hear landmark case seeking to bar Trump from election over Capitol riot

By Euronews with AP |

Donald Trump’s behaviour before and during 2021 attack on Congress have already seen him struck from ballot in more than one state.

The Supreme Court on Thursday will hear former President Donald Trump’s appeal to remain on the 2024 ballot, the justices’ most consequential election case since Bush v Gore in 2000.

The court will weigh arguments over whether Trump is disqualified from running for the White House again because of his efforts to delegitimise and overturn the 2020 election result, a saga that came to a head with the attack on the US Capitol by a horde of Trump supporters on January 6 2021.

The case marks the first time the justices will be considering Section 3 of the 14th Amendment, a constitutional provision that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.

It makes the court the final arbiter of a political dispute, a position it usually wants to avoid.

The Colorado Supreme Court ruled last year that Trump incited the Capitol riot and is ineligible to be president again. The decision is the first time that the provision in the 14th amendment was applied to a presidential candidate.

Assuming the ruling is allowed to stand, Trump will not be on the ballot for the state’s March 5 Republican primary.

Trump’s lawyers argue that the 14th amendment can’t be used to keep Trump off the ballot, citing several arguments.

They contend the January 6 riot wasn’t an insurrection – and that even if it was, Trump did not participate.

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