- Donald Trump has expressed concern that the Supreme Court could side with Colorado and Maine's decisions to exclude him from the primary ballot
- Both states have moved to expel Trump over his role in the Jan. 6, 2021 attack on the Capitol, citing the Constitution's “insurrection clause”
According to reports, Donald Trump has expressed concern that the Supreme Court could support efforts by Colorado and Maine to block him from the Republican primary.
Both states have taken steps to expel Trump over his role in his supporters' attack on the Capitol on January 6, 2021.
The states have accepted legal challenges to Trump's nomination citing Section 3 of the 14th Amendment to the Constitution, which states that officeholders “shall not engage in insurrection or rebellion.”
Trump has privately expressed concern that the Supreme Court, to which he appointed three conservative justices during his presidency, could side with Colorado and Maine to avoid appearing “political.” The New York Times reports this.
Despite the conservative supermajority on the bench, the former president fears the court will rule against him, a source told the Times.
Trump appointed three conservative justices to the Supreme Court bench during his presidency
The former president has expressed concern that the Supreme Court could side with Colorado and Maine's decision to bar him from the primary ballot
Trump has also been privately critical of the court, which has not supported him in his 2020 election cases, according to the publication.
The decision by Colorado's highest court to overrule a lower court and declare Trump ineligible for the primaries is said to have taken the Trump camp by surprise.
He remains on the ballot for the state as he asks the Supreme Court to rule on the decision's validity.
Trump's team, however, was better prepared for Maine's decision, issuing a statement days before the announcement and preparing their appeal process in advance.
Trump supporters and those critical of the decisions in Maine and Colorado argue that while he has been indicted on charges related to the eventual attack on the Capitol, he has not been criminally charged with “insurrection.”
Others have expressed concern that the decision in Maine was not made by a court, but unilaterally by Secretary of State Shenna Bellows.
The decision in Maine was made unilaterally by Secretary of State Shenna Bellows (photo)
Trump's allies have emphasized Bellows' ties to the Democratic Party and that she is not an elected official, but an appointee.
Challenges to Trump's eligibility for the primary nomination have now been filed in more than two dozen states.
While many have been dismissed, including in Wisconsin earlier this week, there are still fourteen states with pending lawsuits.
The decisions have created uncertainty in the Republican race, with primaries in early states starting as early as January 15 with the Iowa caucuses.