(TotalConservative.com) – In a recent piece for Newsweek, former RNC Chair Marc Racicot argued that the Supreme Court has to disqualify Trump due to his participation in an “insurrection” on January 6, 2021.
Racicot highlighted that the court can only hear challenges that are presently in controversy, or “ripe” as he called them. He said that the high court cannot rule on hypotheticals, but is required to examine existing circumstances between opposing parties presently engaged in a constitutional controversy.
Racicot claimed that the court may be stepping into future potential scenarios in its consideration of Trump v. Anderson. He suggested that the questions and oral arguments in the case indicate that the justices are interested in settling the question and setting a precedent so as to avoid revisiting similar circumstances in the future. For example, Trump’s team argued that if Trump’s prohibition is affirmed by the court, it’s only a matter of time until conservatives weaponize “insurrection” claims against Democrats to keep them off the ballot. That would be challenged, and they’d be back before the SCOTUS again.
Calling the Colorado brief “a masterful presentation of history and constitutional law,” Racicot suggested that the SCOTUS must reach a single inescapable conclusion that Trump must be barred from the contest under the Fourteenth Amendment. He suggested that local authorities were fully endowed with the ability to determine who appears on their ballots.
Arguing as if he’s a member of the high court, Racicot claims there’s simply no other alternative but to bar Trump. He suggested that the court can’t “spurn a constitutional imperative” or “betray its provisions.”
Racicot dismissed the fact that the Disqualification Rule has never been applied to a presidential candidate, and he ignores Trump’s undeniable popularity with voters.
Trump’s team argued that the rule doesn’t apply to presidents due to the wording of the clause before the high court and made elaborate arguments about the difference between “an office” and “an officer” of the United States. The Constitution delineates between the two. They also highlighted removal from the ballot would disenfranchise voters and make it likely that ballot removal would become a fixture in electoral politics.
Whatever the high court decides, a decision is likely sometime in June when their current session ends or beforehand.
Copyright 2024, TotalConservative.com
