Dear Editor,
On Dec. 19, the Colorado Supreme Court ruled that former President Donald Trump cannot appear on that state’s March 5th Republican ballot because of his role in the Jan. 6, 2021, attack on the US Capitol by his supporters.
The seven justices, all of whom were appointed by Democratic governors, offered a 4-3 ruling that Trump is ineligible as a presidential candidate under Section 3 of the 14th Amendment to the US Constitution that bars officials who have engaged in “insurrection or rebellion” from holding office.
Other states have and are considering similar challenges. Most recently, Maine’s Secretary of State, after reviewing Colorado’s Supreme Court decision, made an initial determination to disqualify Trump by citing the “insurrection clause” and removing him from their primary ballot. Many hold the view that such court decisions are necessary to protect the future of democracy in our country.
The definition of insurrection is a threat of inciting or engaging in a revolt against a political authority or an established government. Given Trump’s words encouraging his supporters to “peacefully and patriotically” march to the Capitol, many argue that the Jan. 6 attack on the Capitol was not insurrection but a riot having the intention of interrupting the congressional session during the election certification of Joe Biden as president. Moreover, as Jack Smith, the special counsel named by US Attorney General Garland to oversee investigations into Trump’s efforts to overturn the 2020 election, has not charged the former president with incitement or insurrection, lawsuits arguing for ballot disqualification appear moot.
The US Constitution, adopted in 1787, defines the framework of the federal government and provides ideological foundations for our democracy. The first three words of the Constitution, “We the People,” affirm that the government exists to serve the people.
The establishment of the federal judiciary was a high priority among the Founding Fathers. The US Supreme Court was formed in 1790 to become the guardian and interpreter of the Constitution. Now, the Colorado case has already been appealed to the Supreme Court.
So, this Supreme Court is being asked to consider former President Trump’s eligibility to serve another term. Its makeup consists of a 6-3 conservative majority that includes three Trump appointees. Chief Justice John Roberts, known to resist putting the court in the middle of powerful political currents, is now necessarily embroiled in presidential politics.
The Colorado Supreme Court has invalidated Trump because he is an insurrectionist, yet technically, his not having been charged with such a crime makes him innocent before the law. When, on Dec.
20, President Biden said it was “self-evident” that Trump supported an insurrection, and with the introduction of states’ ability to bar candidates from ballots, the government seems to assume the prerogative of telling the people for whom they should vote.
The Supreme Court is confronted with not just an interpretation of states’ rights but must also offer an opinion regarding what the Constitution says.
For more than 200 years, this country has been trying to protect democracy. As divided as we sometimes feel, now more than ever, we need to protect our democracy. This is the first time the Constitution’s “insurrection clause” has been used to disqualify a presidential candidate. It seems to me this gets in the way of free and fair elections. We need voters to vote.
We are the things that define us. As Americans, we must remain joined by a common covenant of faith.
Chief Justice Roberts has previously noted that one of the toughest jobs as chief justice comes with the effort to secure unanimous decisions in key cases.
Right now, if all nine justices can reach a unanimous decision regarding the Colorado ruling, by speaking as one voice, they will show the people of this nation how it’s possible to set aside division and affirm the core principles of the democratic process. They will have spoken as one, not just for the court, but for the country.
Peter Wibell, Rutledge