Democrats Could Still Disqualify Trump Even If Supreme Court Doesn’t

By Victor Winston, updated on February 24, 2024

The U.S. Supreme Court's deliberation on former President Donald Trump's eligibility for the Colorado ballot intensifies the discourse on potential constitutional crises.

This intricate legal challenge poses not just a question of eligibility but probes the depths of American democracy and its resilience in the face of unprecedented political quandaries.

The heart of this legal dilemma lies with the Supreme Court's consideration of Colorado's bid to disqualify Donald Trump from the presidential ballot, tagging him as an insurrectionist. Attorney Jason Murray, echoing the sentiments of Colorado voters, cautioned the justices on the potential for far-reaching repercussions should they falter in rendering a decisive verdict on Trump's eligibility. The discussions have veered into potential constitutional crisis territory, with Murray and other legal scholars predicting tumultuous outcomes should Trump clinch victory absent a definitive ruling.

Representative Adam Schiff painted a dire scenario reminiscent of the January 6 Capitol riot if Trump's candidacy remains mired in ambiguity. He stated, "That would be a colossal disaster," reflecting widespread apprehensions of recurring political violence and discord. This concern isn't isolated but shared broadly across the political spectrum, highlighting the gravity of the Supreme Court's impending decision, The Athletic reported.

The Fourteenth Amendment serves as the legal linchpin in this debate, barring those who have partaken in insurrection from holding office. Yet, the amendment's vague delineation of "insurrection" adds layers of complexity to an already convoluted issue. Donald Trump, though impeached for incitement of insurrection, has never been convicted in a court of law, blurring the lines further between legal definitions and political interpretations.

Law and Politics Collide in Unprecedented Ways

During oral arguments, a discernible inclination emerged among both liberal and conservative justices to defer the decision on Trump's eligibility back to Congress, a move that would likely escalate tensions. Some Democrats, like Representative Eric Swalwell, have pledged to abide by the law, stating, "I’m going to follow the law," reflecting a commitment to legal principles over partisan considerations.

However, the prospect of enacting legislation to clarify the terms under the Fourteenth Amendment appears dim, given the current political landscape. With Republicans generally supportive of Trump and controlling significant legislative terrain, the hopes for preemptive legal clarification seem distant. This legislative inertia persists despite the congressional reforms to the Electoral Count Act in late 2022, which conspicuously sidestepped the issue of insurrection.

The potential for a constitutional crisis is not merely academic but a looming reality that could redefine American democracy. Not ruling on Trump’s eligibility risks plunging the nation into political instability, with lawmakers caught between legal obligations and public sentiment. Legal scholars have voiced concerns that failing to address this issue head-on might invite attempts to disqualify Trump from Congress, a prospect fraught with procedural complexities and the ghost of political violence.


As the Supreme Court weighs its decision, the looming question of Trump's eligibility stirs a cauldron of legal, political, and societal challenges.

The January 6 riot, Trump's subsequent impeachment, and congressional actions collectively set a dramatic backdrop for the current proceedings. These events underscore the pressing need for clear guidance and a resolution that reaches beyond partisan lines to uphold the tenets of democracy.

The Supreme Court's deliberation on Donald Trump's eligibility embodies a pivotal moment in American democracy, highlighting the intricate balance between legal interpretations and political will. As the nation waits with bated breath, the eventual ruling—or lack thereof—will not only decide Trump's political fate but also shape the contours of constitutional law and democratic governance for years to come.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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