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 September 20, 2023

Legal experts say Trump ballot removal issue will go to the Supreme Court

There's been increased buzz regarding a push to have former President Donald Trump removed from the ballots in several states for the 2024 election. 

Because the actual legality of such a maneuver is gray area, at best, legal experts believe the matter could be taken all the way to the U.S. Supreme Court at some point, according to the Daily Caller.

Lawsuits have already been filed in several states with the aim of removing Trump from the ballots next year, including in Colorado, Minnesota, Oklahoma and New Mexico.

The cases were filed by Citizens for Responsibility and Ethics in Washington, a left-leaning organization.

Because of the unprecedented nature of such a change, legal experts have been asked to weigh in on the matter. While some of them are on different sides of the debate, they generally all believe it's a SCOTUS issue in the making.

One of those experts was Heritage Foundation senior legal fellow Hans von Spakovsky.

"If a Secretary of State disqualifies Trump from the ballot, then Trump and his campaign will have standing to sue and if the lower courts rule against Trump, then the case will most certainly end up in the Supreme Court on an appeal," he said.

He added, "For a number of constitutional and procedural reasons, the Court is almost certain to rule in Trump’s favor."

Some believe that while a case could be made as far as Trump's removal from some ballots, the issue will ultimately land at the Supreme Court for a final say.

"The issue could well end up in the Supreme Court, especially if at least some lower courts rule in favor of disqualification," George Mason University law professor Ilya Somin said. "The Court may not want a situation where Trump is disqualified in some states, but not others."

Some believe that his involvement in what led up to the Jan. 6 Capitol riots should disqualify him from running for the presidency.

"It’s a distinct possibility that he’s removed from the ballot in at least one state, which may force the Supreme Court to consider the case," Notre Dame Law School Professor and election law expert Derek Muller said.

He added: "There is still a lot of uncertainty about how this will play out over the next several months."

Only time will tell if the developing situation gets that far, but it certainly wouldn't be surprising these days.

Written By:
Ryan Ledendecker

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