Former President Donald Trump is expected to appeal rulings from Colorado and Maine that he is no longer eligible for the presidency. It would set up a high-stakes showdown over a 155-year-old addition to the Constitution that bans from office those who “engaged in insurrection.” The appeal of the Colorado Supreme Court ruling would go to the U.S. Supreme Court, while the appeal to the ruling by Maine’s Democratic secretary of state would go to that state’s Superior Court. It would mark the first time the nation’s highest court could rule on Section 3 of the 14th Amendment. It was added to the Constitution after the Civil War to prevent Confederates from returning to their former government posts.
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Over the past three years, the world’s oldest democracy has been tested in ways not seen in decades. Former President Donald Trump tried to overturn Democrat Joe Biden's win, And then Trump called his supporters to Washington, where they violently stormed the U.S. Capitol in an attempt to halt congressional certification of the 2020 vote. At the same time, American democracy has proved resilient. Trump's attempt ultimately failed. And candidates who supported his false stolen election claims lost their own races to win statewide offices that had some election oversight in battleground states. Another big test for democracy awaits in 2024, with Trump again running for the White House.
Maine’s Democratic secretary of state is removing former President Donald Trump from that state’s primary ballot. Shenna Bellows becomes the first election official to take action unilaterally to bar Trump under the insurrection clause of the 14th Amendment. The Civil War-era clause bans those who “engaged in insurrection” from office. It’s the same provision cited recently by the Colorado Supreme Court to remove Trump from the ballot in that state. The Trump campaign says it will appeal Bellows’ decision to Maine’s state courts, and Bellows suspended her ruling until that court system rules. The U.S. Supreme Court will likely rule on whether the provision applies to Trump and whether he is still eligible to return to the White House.
FILE - Secretary of State Shenna Bellows speaks at an event, Jan. 4, 2023, in Augusta, Maine. Bellows on Thursday, Dec. 28, removed former President Donald Trump from the state’s presidential primary ballot under the Constitution’s insurrection clause, becoming the first election official to take action unilaterally in a decision that has potential Electoral College consequences. (AP Photo/Robert F. Bukaty, File)
Michigan’s Supreme Court is keeping former President Donald Trump on the state's primary election ballot. The court said Wednesday it will not hear an appeal of a lower court’s ruling from groups seeking to keep Trump from appearing on the ballot. Wednesday's ruling follows a Dec. 19 decision by a divided Colorado Supreme Court, which said Trump is ineligible to be president after his role in the Jan. 6, 2021, attack on the U.S. Capitol. Michigan's high court says it is “not persuaded that the questions presented should be reviewed by this court.” Trump hailed the order, calling attempts to keep him off the ballot a “pathetic gambit.”
In a politically polarized nation, Americans seem to agree on one issue underlying the 2024 elections — a worry over the state of democracy and how the outcome of the presidential contest will affect its future. They just disagree over who poses the threat. A poll from The Associated Press-NORC Center for Public Affairs Research found that 62% of adults say democracy in the U.S. could be at risk depending on who wins. That view is held by 72% of Democrats and 55% of Republicans, but for different reasons. President Joe Biden has warned about former President Donald Trump's promises to seek retribution against opponents, while Trump says the federal charges against him show Biden has weaponized the government.