Trump's 2024 Battle: Maine Block, California Support
In a recent twist of events, California has chosen to stand by Donald Trump, allowing his name to remain on the primary ballot for the US presidential race, despite him being barred from participation in Maine and Colorado. While Maine and Colorado-based1 their decisions on Trump‘s alleged involvement in the January 6 attack on the Capitol, California's secretary of state, Shirley Weber, has taken a different stance.
The New York Times reported that Secretary Weber, a Democrat, expressed her inclination to keep Trump on the ballot. This decision puts Trump in contention for the presidency in California, the most populous state in the United States. However, these decisions are pending further legal proceedings, and the ultimate decision rests with the US Supreme Court.
Maine Secretary of State Shenna Bellows, a Democrat, justified her decision by stating, “I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.” The legal process will now determine the outcome, and Trump's fate hangs in the balance.
The question now is whether Trump can still run for the US presidency. Despite numerous lawsuits attempting to bar his candidacy due to his alleged role in the Capitol Hill attacks, Section 3 of the 14th Amendment doesn't require a criminal conviction to take effect. The US Constitution stipulates that a court order is necessary, and this was lacking until Secretary Bellows' decision in Maine.
Section 3 of the 14th Amendment was ratified after the Civil War to prevent former Confederates from regaining government power. It states that no person engaged in insurrection or rebellion against the United States shall hold certain offices. The US Supreme Court has never ruled on Section 3, and it is expected to do so in light of the appeals arising from the Colorado decision.
Trump's legal team argues that Section 3 may not apply to the president, contending that the term “an officer of the United States” does not necessarily include the president. Furthermore, they assert that this is a “political” question best left for voters to decide, rather than unelected judges.
Trump's lawyers claim that the denial of his eligibility without a proper fact-finding process, such as a lengthy criminal trial, violates his rights to a fair legal procedure. The resolution of these legal intricacies will determine whether Trump can indeed run for the presidency.
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