As several states consider prohibiting ex-President Donald Trump from being listed on election ballots, an urgent need for the Supreme Court to clarify the interpretation of the U.S. Constitution’s 14th Amendment in relation to upcoming presidential primaries has emerged, as emphasized by ex-New Jersey Superior Court Judge Andrew Napolitano during a Newsmax interview last Friday.
“Interpretations of state constitutions vary widely,” Napolitano explained on Newsmax’s “Wake Up America.” “This situation urgently requires a definitive resolution — a call to Chief Justice [John] Roberts — to clarify the law and the application of the 14th Amendment.”
This statement follows the action of Maine Secretary of State Shenna Bellows, a Democrat, who recently excluded Trump from the state’s presidential primary ballot. Bellows referenced the 14th Amendment’s insurrection clause, a relic of the Civil War era, as her rationale.
Expressing his astonishment, Napolitano remarked, “I found this surprising as it was a unilateral decision by a state-appointed official, the secretary of state, made without any formal charges, trial, hearing, or investigation, solely based on her interpretation of the events of January 6.”
He noted that states like Maine, Michigan, California, and Colorado are each applying their own interpretations to a clause in the U.S. Constitution.
Napolitano highlighted the principle of federal supremacy, stating that the U.S. Constitution should hold a consistent meaning across all states. He acknowledged that while Bellows had the authority to make such a decision, it revealed a systemic flaw, as such power shouldn’t rest with a single individual.
Regarding Trump’s response, Napolitano mentioned that an appeal is being planned in Maine. He pointed out the need for the Supreme Court to address the Colorado case appeal and establish clear standards for disqualification based on the 14th Amendment. He believes that disqualification should only follow an allegation, trial, and proven guilt.
Napolitano also mentioned that the Supreme Court’s next conference day on Jan. 5 might bring clarity on which appeal cases will be considered. He stressed the urgency of a ruling, especially considering the timing of ballot printing.
In addition to this, Napolitano commented on recent demands for documents relating to claims by House Republicans about President Joe Biden’s alleged involvement in his son Hunter’s decision not to testify in a closed-door deposition.
Describing the situation as bordering on absurdity, Napolitano opined that Hunter Biden should have attended the hearing and exercised his Fifth Amendment rights. He criticized Hunter’s decision, allegedly influenced by his father, to hold a press conference outside the Capitol building, calling it a potential contempt of Congress. Napolitano concluded that while this advice was ill-judged, it did not rise to the level of an impeachable offense.
