Former President Donald Trump could learn Monday whether the Supreme Court will let him appear on this year’s ballot as the leading Republican presidential candidate tries to close in on his party’s nomination.
The justices are expected to decide at least one case Monday, with signs strongly pointing to resolution of the case from Colorado that threatens to kick Trump off some state ballots because of his efforts to overturn his election loss in 2020. Any opinions will post on the court’s website beginning just after 10 a.m. EST. 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 will ultimately count. Both sides had requested fast work by the court, which heard arguments less than a month ago, on Feb. 8. The justices seemed poised then to rule in Trump’s favor.
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 approaches 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.
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 on track 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.
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