Supreme Court still silent on Trump's Colorado ballot ban, immunity

 February 25, 2024

The Supreme Court has yet to make a decision on two significant cases involving former President Donald Trump.

One case revolves around Trump's attempt to halt his trial for alleged election interference, while the other concerns efforts by voters to remove him from the Colorado Republican primary ballot.

The latest

Both cases have been fully briefed, indicating that arguments from both sides have been presented. The court could issue rulings on these cases with little notice.

Trump submitted an emergency request to delay his election interference trial on February 12. Briefing for this case was completed by the end of the previous week.

The court is tasked with determining whether to intervene based on Trump's argument that he should be immune from prosecution due to his status as a former president, especially concerning actions related to overturning the 2020 election results.

The Colorado case

In the Colorado case, oral arguments were heard on February 8, and a prompt ruling was anticipated.

This case revolves around whether Trump's involvement in the events leading up to the January 6 Capitol attack renders him ineligible for office under Section 3 of the 14th Amendment, which prohibits individuals who participated in insurrection from holding office.

While the court deliberates on Trump's request regarding the election interference trial, proceedings in lower courts remain paused, preventing the trial from moving forward.

The immunity case

The Supreme Court has various options, including outright denial of Trump's request or deciding to hear oral arguments to issue a comprehensive ruling on the immunity issue.

Any further delay could limit the possibility of the latter option, as the court typically concludes oral arguments by the end of April and issues rulings by the end of June. With the Colorado primary scheduled for March 5, a swift ruling in that case is crucial.

Although the court typically signals potential rulings for the following week on Fridays, there has been no indication of such announcements for next week.

Unless the court modifies its schedule, there may not be another ruling day before the Colorado primary.

In the interim, Trump remains on the Colorado primary ballot. If the court affirms the status quo, indicating from oral arguments that Trump may prevail, there may be less urgency for a prompt ruling.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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