The constitutional controversy over Donald Trump’s eligibility for the 2024 presidential election is being discussed in several US states, less than a month before the start of the Republican Party primary elections. The issue appears to be moving quickly towards a possible review by the country’s Supreme Court.
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Last Tuesday night, the Colorado Supreme Court announced its intention to review a recent decision by a lower court. That decision, handed down last week, identified Trump as an insurrectionist due to his involvement in the invasion of the Capitol on January 6, 2021. Consequently, some experts argue that he should not resume an elected office that requires an oath of loyalty to the US Constitution.
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The Colorado judge responsible for the decision, Sarah Wallace, said that although Trump should not be barred from running again, even after his participation in the insurrection against the democratic institutions of the US government, Section 3 of the 14th Amendment to the US Constitution , which is at the heart of the debate in the courts, explicitly refers to candidates for the Senate, the House of Representatives and even “major voters” of the candidates for President and Vice President of the United States, but does not apply to candidates for the White House .
In a case in Michigan, a judge ruled that courts do not have the authority to exclude Trump from the ballots, and that decision is up to the US Congress. Meanwhile, in Minnesota, the local Supreme Court chose not to rule on the central issues, concluding that the parties have full legitimacy to choose their candidates in the primary elections. The outcome of these processes could have significant implications for the political scenario in the next presidential elections.
