The U.S. Supreme Court is anticipated to deliver a divided verdict but is expected to overturn the decision of Colorado’s Supreme Court that sought to exclude former President Donald Trump from the state’s primary ballot, according to retired New Jersey Superior Court Judge Andrew Napolitano.
Napolitano expressed that there was a general hope for a unanimous decision to remove the court from political contention and allow voters to decide the matter. However, he predicts a more divided outcome, possibly a 5-4 or 6-3 ruling, in favor of reversing the Colorado court’s decision.
He also advised caution against interpreting the justices’ questions during the case as indicative of their final decision, noting that queries don’t always reveal a judge’s stance.
Trump’s appeal challenges the Colorado Supreme Court’s ruling, which was based on the 14th Amendment’s Section 3 of the U.S. Constitution. This section bars individuals who engaged in insurrection against the U.S. from holding office.
During court proceedings, conservative justices probed whether the insurrection ban could be invoked without Congressional action, highlighting historical precedents and questioning the amendment’s applicability to candidacy for office rather than holding office.
Trump’s legal team contends that Section 3 requires Congressional enactment for enforcement and that it doesn’t apply to presidential candidates.
Napolitano pointed out that the Supreme Court faces multiple considerations, including who has the authority to decide eligibility for ballot inclusion. Additionally, the court needs to assess whether the events of January 6 qualify as an insurrection and if Trump supported those actions.
