Virginia Attorney General Jason Miyares is one of more than two dozen attorneys general across the nation who urged the U. S. Supreme Court to hear a case out of Colorado that blocked former President Donald Trump from that state’s primary election ballot.
The to hear Trump’s appeal of a determination that Trump could be barred from the presidential primary ballot based on his role in the Jan. 6, 2021 attack on the U. S.
Capitol. The court deemed him disqualified under Section 3 of the 14th Amendment of the U. S.
Constitution, which anyone who swore an oath to support the Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” can’t hold office unless a two-thirds vote of Congress allows it. The amicus brief was initiated by attorneys general for West Virginia and Indiana but a total of 27 attorneys general and the Arizona state legislature have signed on. They the high court’s immediate intervention was required as the Colorado court’s decision “will create widespread chaos.
” “Our country needs an authoritative, consistent, and uniform answer to whether former President Trump is constitutionally eligible for President. Granting the Petition would at least be a step in that direction,” the brief states. “Voters need an answer in time to judiciously weigh the merits of competing candidates before casting their ballots, not after voting has begun.
” Virginia’s — Super Tuesday — and early voting begins Jan. 19. Miyares, a Republican, called the Colorado Supreme Court’s decision to excluded Trump from that state’s 2024 presidential primary ballot “a clear abuse of power and something I’d expect to see in Cuba, not America.
” “In the United States, voters must maintain the power to choose their president,” Miyares said in a statement released last week. Petitioners argued in the brief that the Supreme Court’s immediate intervention is required to avoid chaos and confusion for an election cycle just weeks away. They also argue that it’s the decision is ultimately up to Congress.
“The Fourteenth Amendment … anticipates that Congress will decide whether a particular person is qualified to hold office under Section 3 (or at least determine the process for making that decision),” the brief states. “The structure of the Constitution, relevant history, and authority from this Court confirm as much. The Court should grant the Petition to prevent state courts from usurping Congress’s exclusive power.
” Though to bar Trump from the ballot for similar reasons, for the upcoming primary. The Supreme Court has fast-tracked the Colorado case, agreeing to . That could make it possible for a ruling before Super Tuesday, but it might not address every legal issue at hand.
David Becker, executive director of The Center for Election Innovation & Research, said if the U. S. Supreme Court deems Trump unqualified to serve as president, the issue would then go to each state to determine whether that ruling grants them the power to remove him from the ballot before the election or certify him as winner and eligible to hold the presidential office post-election.
The question also becomes whether the Constitution requires him to be removed, he added. “There would need to be a way to remove them from the ballot under state law prior to the election. Otherwise, you’d have to go through some legal process after the election if they want to prevent them from from taking the seat,” Becker said.
“That’s going to vary by state law. ”.
From: dailypress
URL: https://www.dailypress.com/2024/01/08/virginia-is-among-states-supporting-a-supreme-court-review-of-trumps-ballot-eligibility/
