WASHINGTON — A Supreme Court decision could come as soon as Monday in the case about whether former President Donald Trump can be kicked off the ballot over his efforts to undo his defeat in the 2020 election.
Trump is challenging a groundbreaking decision by the Colorado Supreme Court that said he is disqualified from being president again and ineligible for the state’s primary, which is Tuesday.
The resolution of the case on Monday, a day before Super Tuesday contests in 16 states, would remove uncertainty about whether votes for Trump, the leading Republican candidate for president, will ultimately count. Both sides had requested fast work by the court, which heard arguments less than a month ago, on Feb. 8,
The Colorado court was the first to invoke a post-Civil War constitutional provision aimed at preventing those who “engaged in insurrection” from holding office. Trump also has since been barred from primary ballot in Illinois and Maine, though both decisions, along with Colorado’s, are on hold pending the outcome of the Supreme Court case.
The Supreme Court has until now never ruled on the provision, Section 3 of the 14th amendment.
The court indicated Sunday there will be at least one case decided Monday, adhering to its custom of not saying which one. But it also departed from its usual practice in some respects, heightening the expectation that it’s the Trump ballot case that will be handed down.
Except for when the end of the term nears in late June, the court almost always issues decisions on days when the justices are scheduled to take the bench. But the next scheduled court day isn’t until March 15. And apart from during the coronavirus pandemic when the court was closed, the justices almost always read summaries of their opinions in the courtroom. They won’t be there Monday.
Any opinions will post on the court’s website beginning just after 10 a.m. EST Monday.
Separately, the justices last week agreed to hear arguments in late April over whether Trump can be criminally prosecuted on election interference charges, including his role in the Jan. 6, 2021, attack on the U.S. Capitol. The court’s decision to step into the politically charged case, also with little in the way of precedent to guide it, calls into question whether Trump will stand trial before the November election.
The former president faces 91 criminal charges in four prosecutions. Of those, the only one with a trial date that seems poised to hold is his state case in New York, where he’s charged with falsifying business records in connection with hush money payments to a porn actor. That case is set for trial on March 25, and the judge has signaled his determination to press ahead.
