Connect with us

World

Colorado Supreme Court Declares Trump Ineligible to Contest 2024 Election

Published

on

A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.

The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.

Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case. Colorado officials say the issue must be settled by Jan. 5, the deadline for the state to print its presidential primary ballots.

“We do not reach these conclusions lightly,” wrote the court’s majority. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

Trump’s attorneys had promised to appeal any disqualification immediately to the nation’s highest court, which has the final say about constitutional matters.

Trump’s legal spokeswoman Alina Habba said in a statement Tuesday night: “This ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation’s democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.”

Trump didn’t mention the decision during a rally Tuesday evening in Waterloo, Iowa, but his campaign sent out a fundraising email citing what it called a “tyrannical ruling.”

Republican National Committee chairwoman Ronna McDaniel labeled the decision “Election interference” and said the RNC’s legal team intends to help Trump fight the ruling.

Trump lost Colorado by 13 percentage points in 2020 and doesn’t need the state to win next year’s presidential election. But the danger for the former president is that more courts and election officials will follow Colorado’s lead and exclude Trump from must-win states.

Dozens of lawsuits have been filed nationally to disqualify Trump under Section 3, which was designed to keep former Confederates from returning to government after the Civil War. It bars from office anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it, and has been used only a handful of times since the decade after the Civil War.

“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday’s ruling. “This is a major threat to Trump’s candidacy.”

The Colorado case is the first where the plaintiffs succeeded. After a weeklong hearing in November, District Judge Sarah B. Wallace found that Trump indeed had “engaged in insurrection” by inciting the Jan. 6 attack on the Capitol, and her ruling that kept him on the ballot was a fairly technical one.

Trump’s attorneys convinced Wallace that, because the language in Section 3 refers to “officers of the United States” who take an oath to “support” the Constitution, it must not apply to the president, who is not included as an “officer of the United States” elsewhere in the document and whose oath is to “preserve, protect and defend” the Constitution.

The provision also says offices covered include senator, representative, electors of the president and vice president, and all others “under the United States,” but doesn’t name the presidency.

The state’s highest court didn’t agree, siding with attorneys for six Colorado Republican and unaffiliated voters who argued that it was nonsensical to imagine that the framers of the amendment, fearful of former confederates returning to power, would bar them from low-level offices but not the highest one in the land.

“President Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,” the court’s majority opinion said. “Both results are inconsistent with the plain language and history of Section 3.”

The left-leaning group that brought the Colorado case, Citizens for Responsibility and Ethics in Washington, hailed the ruling.

“Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government,” its president, Noah Bookbinder, said in a statement.

Trump’s attorneys also had urged the Colorado high court to reverse Wallace’s ruling that Trump incited the Jan. 6 attack. His lawyers argued the then-president had simply been using his free speech rights and hadn’t called for violence. Trump attorney Scott Gessler also argued the attack was more of a “riot” than an insurrection.

That met skepticism from several of the justices.

“Why isn’t it enough that a violent mob breached the Capitol when Congress was performing a core constitutional function?” Justice William W. Hood III said during the Dec. 6 arguments. “In some ways, that seems like a poster child for insurrection.”

In the ruling issued Tuesday, the court’s majority dismissed the arguments that Trump wasn’t responsible for his supporters’ violent attack, which was intended to halt Congress’ certification of the presidential vote: “President Trump then gave a speech in which he literally exhorted his supporters to fight at the Capitol,” they wrote.

Colorado Supreme Court Justices Richard L. Gabriel, Melissa Hart, Monica Márquez and Hood ruled for the petitioners. Chief Justice Brian D. Boatright dissented, arguing the constitutional questions were too complex to be solved in a state hearing. Justices Maria E. Berkenkotter and Carlos Samour also dissented.

“Our government cannot deprive someone of the right to hold public office without due process of law,” Samour wrote in his dissent. “Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office.”

The Colorado ruling stands in contrast with the Minnesota Supreme Court, which last month decided that the state party can put anyone it wants on its primary ballot. It dismissed a Section 3 lawsuit but said the plaintiffs could try again during the general election.

Source: apnews.com

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

World

Google Renames Gulf of Mexico to Gulf of America on Map

Published

on

By

Google Maps has changed the Gulf of Mexico’s name to the Gulf of America for people using the app in the US.

Explaining the name change, Google said it was making the change as part of “a longstanding practice” of following name changes when updated by official government sources.

It said the Gulf, which is bordered by the US, Cuba and Mexico – would not be changed for people using the app in Mexico, and users elsewhere in the world will see the label: “Gulf of Mexico (Gulf of America)”.

It comes after President Donald Trump ordered the body of water to be renamed in US government documents after he returned to office last month.

Apple has followed suit, also changing the name to the Gulf of America in its map app for users in the US. Bloomberg reported that the change would be rolled out globally at a later date.

Mexico has decried the move, arguing that the US had no legal right to change the Gulf’s name.

The change was made by Google on Monday after the Geographic Names Information System, a US government database run by the Interior Department, listed an update to the Gulf’s name.

The listing reads: “The Gulf of America, formerly known as the Gulf of Mexico, with an average depth 5300 ft is a major body of water bordered and nearly landlocked by North America with the Gulf’s eastern, northern, and northwestern shores in the U.S. and its southwestern and southern shores in Mexico.”

It said the change was made in accordance with Trump’s executive order to “restore names that honor American Greatness”.

Following the signing of the order, President Trump proclaimed February 9 as “Gulf of America Day”.

“I call upon public officials and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities,” a White House statement said.

Mexico’s President Claudia Sheinbaum had asked Google to reconsider its decision to rename the Gulf of Mexico.

She argued the US could not legally change the Gulf’s name because the United Nations Convention on the Law of the Sea dictates that an individual country’s sovereign territory only extends up to 12 nautical miles out from the coastline.

Meanwhile, the Associated Press, a global media organisation, said that it would not change the name of the Gulf of Mexico in its style guide – which is used by most US media outlets.

Because of the style guide decision, the White House said it was barring an AP reporter from covering an executive order signing in the Oval Office.

“It is alarming that the Trump administration would punish AP for its independent journalism,” AP’s Executive Editor Julie Pace said in a statement. “Limiting our access to the Oval Office based on the content of AP’s speech not only severely impedes the public’s access to independent news, it plainly violates the First Amendment.”

Trump’s executive order, signed on 20 January, also ordered North America’s tallest mountain – Denali – be called Mount McKinley, which was its name previously.

That change is not yet reflected on Google Maps, though the AP has adopted the mountain’s old name in its style guide.

Google has also made changes to its default events in calendars, removing references for several holidays and cultural events including Pride and Black History Month, which used to appear automatically. The issue has gained online attention this week, but Google said it made the change last year.

The tech company said in a statement that “maintaining hundreds of moments manually and consistently globally wasn’t scalable or sustainable”.

“So in mid-2024 we returned to showing only public holidays and national observances from timeanddate.com globally, while allowing users to manually add other important moments,” the company said.

Continue Reading

USA

Court Temporarily Blocks Trump’s Executive Order Ending US Birthright Citizenship

Published

on

By

A federal judge in the United States, on Thursday, put a temporary block on President Donald Trump’s attempt to restrict birthright citizenship.

The ruling imposes a 14-day halt on the enforcement of one of the most controversial executive orders Trump signed hours after being sworn into office for a second term.

It comes after lawsuits were filed by a total of 22 states, two cities and numerous civil rights groups.

“This is a blatantly unconstitutional order,” senior US District Judge John Coughenour was reported as saying during the hearing in Washington State.

“I’ve been on the bench for over four decades, I can’t remember another case where the question presented is as clear as this one is,” said Coughenour, who was appointed to the bench by a Republican president, Ronald Reagan.

Birthright citizenship is fundamental to America’s national identity, with the 14th Amendment to the US Constitution decreeing that anyone born on US soil is a citizen.

It says, in part: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s order was premised on the idea that anyone in the US illegally, or on a visa, was not “subject to the jurisdiction” of the country, and therefore excluded from this category.

AFP

Continue Reading

USA

Ilegal Immigrants: Trump Empowers U.S Officials to Raid Churches, Hospitals, Schools

Published

on

By

U.S immigration and border officials will be able to arrest migrants at so-called “sensitive” locations again, after the Trump administration overturned policies limiting where such arrests could happen.

Officers will now be able to make arrests at designated “sensitive” areas, including houses of worship, schools, and hospitals.

Officials have been prohibited from doing this since 2011.

Later, the Biden administration expanded the regulation, further restricting the authority’s powers.

“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” the Department of Homeland Security said in a statement.

“The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”

A second directive reinstates the ability for the U.S. to quickly deport any undocumented person arrested who is unable to prove they have been in the country for more than two years.

Continue Reading

Trending