The Supreme Court will soon decide whether former President Donald Trump will be allowed to appear on 2024 presidential ballots, making the nation’s high court the first entity that will officially weigh in on the matter.
Ahead of its upcoming term that will begin October 2, the court distributed a case known as John Castro v. Donald Trump to all justices for conference. That is scheduled to take place September 26, while the case itself is expected to be ruled upon by October 9 at the latest.
The case was brought before the Supreme Court by Castro, who is a tax attorney who is running for the GOP nomination for president. Last month, he sent a petition to the high court asking the justices to rule whether political candidates have the ability to challenge another candidate’s eligibility, if that candidate is from the same party and running for the same nomination “based on a political competitive injury in the form of a diminution of votes.”
Castro’s suit argues that Trump shouldn’t be allowed to be a presidential candidate based on the 14th Amendment’s section three. That states that individuals are disqualified from holding any public office if they’ve “engaged in insurrection or rebellion” against the U.S.
While some people involved in the January 6, 2021, attack at the U.S. Capitol have been charged with insurrection, Trump has not. Still, Castro claims that the role Trump played in the riot should lead him to being disqualified from running for president.
It’s an argument that some other legal experts and political pundits have made in the past, though it’s uncertain whether it’s an argument that holds any actual legal merit.
Now, the Supreme Court will be the first legal entity that will make its opinions known on the matter.
Trump is facing four criminal indictments, all of which have been handed down this year. He’s pleaded not guilty to all the charges that have been levied against him.
Earlier this week, Trump blasted the attempts that Castro and others have made to try to get him removed from the presidential ballot by using that clause in the 14th Amendment.
On Monday, Trump posted on his social media platform, Truth Social, that many legal experts have already said it would be a long shot that the 14th Amendment could be used to remove his name from the ballot. As the former president wrote:
“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election. Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. ‘MAKE AMERICA GREAT AGAIN!”
One major roadblock to Castro winning favor from the Supreme Court at this point is that Trump hasn’t been convicted – or even charged – with rebellion and insurrection.
Neama Rahmani, a former federal prosecutor, commented for Newsweek recently:
“A conviction is not required under the plain language of the Constitution, but it’s telling that even those prosecuting Trump don’t believe that there is enough evidence to convict him on insurrection or sedition.”
