US Supreme Court
Maine bars Trump from ballot as US Supreme Court weighs states' authority to block former president
Maine's Democratic secretary of state on Thursday removed former President Donald Trump from the state's presidential primary ballot under the Constitution's insurrection clause, becoming the first election official to take action unilaterally as the U.S. Supreme Court is poised to decide whether Trump remains eligible to return to the White House.
The decision by Secretary of State Shenna Bellows follows a ruling earlier this month by the Colorado Supreme Court that booted Trump from the ballot there under Section 3 of the 14th Amendment. That decision has been stayed until the U.S. Supreme Court decides whether Trump is barred by the Civil War-era provision, which prohibits those who "engaged in insurrection" from holding office.
The Trump campaign said it would appeal Bellows' decision to Maine's state courts, and Bellows suspended her ruling until that court system rules on the case. In the end, it is likely that the nation's highest court will have the final say on whether Trump appears on the ballot in Maine and in the other states.
Bellows found that Trump could no longer run for his prior job because his role in the Jan. 6, 2021, attack on the U.S. Capitol violated Section 3, which bans from office those who "engaged in insurrection." Bellows made the ruling after some state residents, including a bipartisan group of former lawmakers, challenged Trump's position on the ballot.
"I do not reach this conclusion lightly," Bellows wrote in her 34-page decision. "I am mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section 3 of the Fourteenth Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection."
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The Trump campaign immediately slammed the ruling. "We are witnessing, in real-time, the attempted theft of an election and the disenfranchisement of the American voter," campaign spokesman Steven Cheung said in a statement.
Legal experts said that Thursday's ruling demonstrates the need for the nation's highest court, which has never ruled on Section 3, to clarify what states can do.
"It is clear that these decisions are going to keep popping up, and inconsistent decisions reached (like the many states keeping Trump on the ballot over challenges) until there is final and decisive guidance from the U.S. Supreme Court," Rick Hasen, a law professor at the University of California-Los Angeles, wrote in response to the Maine decision. "It seems a certainty that SCOTUS will have to address the merits sooner or later."
While Maine has just four electoral votes, it's one of two states to split them. Trump won one of Maine's electors in 2020, so having him off the ballot there, should he emerge as the Republican general election candidate, could have outsized implications in a race that is expected to be narrowly decided.
That's in contrast to Colorado, which Trump lost by 13 percentage points in 2020 and where he wasn't expected to compete in November if he wins the Republican presidential nomination.
In her decision, Bellows acknowledged that the U.S. Supreme Court will probably have the final word but said it was important she did her official duty.
That won her praise from the former state lawmakers who filed one of the petitions forcing her to consider the case.
"Secretary Bellows showed great courage in her ruling, and we look forward to helping her defend her judicious and correct decision in court. No elected official is above the law or our constitution, and today's ruling reaffirms this most important of American principles," Republican Kimberly Rosen, independent Thomas Saviello and Democrat Ethan Strimling said in a statement.
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But other Republicans in the state were outraged.
"This is a sham decision that mimics Third World dictatorships," Maine's House Republican leader, Billy Bob Faulkingham, said in a statement. "It will not stand legal scrutiny. People have a right to choose their leaders devoid of mindless decisions by partisan hacks."
The Trump campaign on Tuesday requested that Bellows disqualify herself from the case because she'd previously tweeted that Jan. 6 was an "insurrection" and bemoaned that Trump was acquitted in his impeachment trial in the U.S. Senate after the capitol attack. She refused to step aside.
"My decision was based exclusively on the record presented to me at the hearing and was in no way influenced by my political affiliation or personal views about the events of Jan. 6, 2021," Bellows told the Associated Press Thursday night.
Bellows is a former head of the Maine chapter of the American Civil Liberties Union. All seven of the justices of the Colorado Supreme Court, which split 4-3 on whether to become the first court in history to declare a presidential candidate ineligible under Section 3, were appointed by Democrats. Two Washington, D.C.-based liberal groups have launched the most serious prior challenges to Trump, in Colorado and a handful of other states.
That's led Trump to contend the dozens of lawsuits nationwide seeking to remove him from the ballot under Section 3 are a Democratic plot to end his campaign. But some of the most prominent advocates have been conservative legal theorists who argue that the text of the Constitution makes the former president ineligible to run again, just as if he failed to clear the document's age threshold — 35 years old — for the office.
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Likewise, until Bellows' decision, every top state election official, whether Democrat or Republican, had rejected requests to bar Trump from the ballot, saying they didn't have the power to remove him unless ordered to do so by a court.
The timing on the U.S. Supreme Court's decision is unclear, but both sides want it fast. Colorado's Republican Party appealed the Colorado high court decision on Wednesday, urging an expedited schedule, and Trump is also expected to file an appeal within the week. The petitioners in the Colorado case on Thursday urged the nation's highest court to adopt an even faster schedule so it could rule before March 5, known as Super Tuesday, when 16 states, including Colorado and Maine, are scheduled to vote in the Republican presidential nominating process.
The high court needs to formally accept the case first, but legal experts consider that a certainty. The Section 3 cases seem tailor-made for the Supreme Court, addressing an area of U.S. governance where there's scant judicial guidance.
The clause was added in 1868 to keep defeated Confederates from returning to their former positions of power in local and federal government. It prohibits anyone who broke an oath to "support" the Constitution from holding office. The provision was used to bar a wide range of ex-Confederates from positions ranging from local sheriff to Congress, but fell into disuse after an 1872 congressional amnesty for most former Confederates.
Legal historians believe the only time the provision was used in the 20th Century was in 1919, when it was cited to deny a House seat to a socialist who had opposed U.S. involvement in World War I. But since the Jan. 6 attack, it has been revived.
Last year, it was cited by a court to remove a rural New Mexico County Commissioner who had entered the Capitol on Jan. 6. One liberal group tried to remove Republican Reps. Madison Cawthorn and Marjorie Taylor Greene from the 2022 ballot under the provision, but Cawthorn lost his primary so his case was thrown out, and a judge ruled for Greene.
Some critics of the movement to bar Trump warn that the provision could be weaponized in unexpected ways.
They note that conservatives could argue, for example, that Vice President Kamala Harris is likewise barred from office because she raised bail funds for people arrested during the unrest following George Floyd's 2020 murder at the hands of Minneapolis police.
The plaintiffs in Colorado presented historical evidence that even the donation of small sums to money to those seeking to join the Confederacy was grounds for being barred by Section 3. Why, critics have asked, wouldn't that apply to Democrats like Harris today?
11 months ago
US Supreme Court keeps asylum limits in place for now
The Supreme Court is keeping pandemic-era limits on asylum in place for now, dashing hopes of migrants who have been fleeing violence and inequality in Latin America and elsewhere to reach the United States.
Tuesday’s ruling preserves a major Trump-era policy that was scheduled to expire under a judge’s order on Dec. 21. The case will be argued in February and a stay imposed last week by Chief Justice John Roberts will remain in place until the justices make a decision.
The limits, often known as Title 42 in reference to a 1944 public health law, were put in place under then-President Donald Trump at the beginning of the pandemic, but unwinding it has taken a torturous route through the courts. The U.S. Centers for Disease Control and Prevention attempted to end the policy in April 2022, but a federal judge in Louisiana sided with 19 Republican-led states in May to order it kept in place. Another federal judge in Washington said in November that Title 42 must end, sending the dispute to the Supreme Court. Officials have expelled asylum-seekers inside the United States 2.5 million times on grounds of preventing the spread of COVID-19.
Immigration advocates sued to end the policy, saying it goes against American and international obligations to people fleeing to the U.S. to escape persecution. They’ve also argued that the policy is outdated as coronavirus treatments improve.
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The Supreme Court’s 5-4 decision comes as thousands of migrants have gathered on the Mexican side of the border, filling shelters and worrying advocates who are scrambling to figure out how to care for them.
“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, which had been arguing to end Title 42′s use.
Andrea Rudnik, co-founder of non-profit immigration aid organization Team Brownsville in South Texas, said the situation at the border is a humanitarian crisis. She said there are thousands of migrants camped on cardboard boxes and in makeshift tents near the entrance of the Gateway International Bridge in Matamoros, Mexico, opposite Brownsville, without food, water, clothing or bathrooms.
“It is very readily becoming a dangerous situation because there’s no toilets,” Rudnik said. “Get that many people together with no bathrooms and you know what you have got.”
States that wanted Title 42 kept in place hailed the outcome. In a press release Tuesday, Iowa Gov. Kim Reynolds praised the court’s decision while saying it’s not a permanent solution to the country’s immigration woes.
“I’m grateful that Title 42 remains in place to help deter illegal entry at the US southern border. But make no mistake — this is only a temporary fix to a crisis that President Biden and his administration have ignored for two years,” she said.
The Supreme Court’s decision said that the court will review the issue of whether the states have the right to intervene in the legal fight over Title 42. Both the federal government and immigration advocates have argued that the states waited too long to intervene and — even if they hadn’t waited so long — that they don’t have sufficient standing to intervene.
In the dissent, Justices Neil Gorsuch and Ketanji Brown Jackson wrote that even if the court were to find the states have the right to intervene and Title 42 was lawfully adopted “... the emergency on which those orders were premised has long since lapsed.”
The justices said the “current border crisis is not a COVID crisis.”
“And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort,” the justices wrote.
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Justices Elena Kagan and Sonia Sotomayor also voted to deny the stay but did not sign a dissent.
White House press secretary Karine Jean-Pierre said Tuesday that President Joe Biden’s administration “will, of course, comply with the order and prepare for the Court’s review.”
“At the same time, we are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration,” Jean-Pierre added. “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.”
In November, a federal judge sided with advocates and set a Dec. 21 deadline to end the policy. Conservative-leaning states appealed to the Supreme Court, warning that an increase in migration would take a toll on public services and cause an “unprecedented calamity” that they said the federal government had no plan to deal with.
Roberts, who handles emergency matters that come from federal courts in the nation’s capital, issued a stay to give the court time to more fully consider both sides’ arguments.
The federal government asked the Supreme Court to reject the states’ effort while also acknowledging that ending the restrictions abruptly would likely lead to “disruption and a temporary increase in unlawful border crossings.”
The precise issue before the court is a complicated, largely procedural question of whether the states should be allowed to intervene in the lawsuit. A similar group of states won a lower court order in a different court district preventing the end of the restrictions after the Centers for Disease Control and Prevention announced in April that it was ending use of the policy.
Until the judge’s November order in the advocates’ lawsuit, the states had not sought to take part in that case. But they say that the administration has essentially abandoned its defense of the Title 42 policy and they should be able to step in. The administration has appealed the ruling, though it has not tried to keep Title 42 in place while the legal case plays out.
The Biden administration still has considerable leeway to enforce Title 42 as aggressively or as leniently as it chooses. For example, when a judge ordered last year that Trump’s “Remain in Mexico” policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration court be reinstated, it did so with such limited scope that it had little impact. That policy ended in August after the administration prevailed in the Supreme Court.
The Biden administration’s use of Title 42 includes an opaque, bewildering patchwork of exemptions that are supposed to be for migrants deemed most vulnerable in Mexico, perhaps for gender identity or sexual orientation, or for being specifically threatened with violence. U.S. Customs and Border Protection works with partners it doesn’t publicly identify and doesn’t say how many slots are made available to each.
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Mexico is another wild card. The use of Title 42 to quickly expel migrants depends largely on Mexico’s willingness to accept them. Right now Mexico takes expelled migrants from Guatemala, Honduras, El Salvador and Venezuela, in addition to Mexico, but not other countries, such as Cuba. Most asylum seekers who cannot be sent to Mexico are not expelled.
Biden is scheduled meet with Mexican President Andres Manuel López Obrador in Mexico City next month.
1 year ago
Report: Supreme Court draft suggests Roe could be overturned
A draft opinion suggests the U.S. Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide, according to a Politico report.
A decision to overrule Roe would lead to abortion bans in roughly half the states and could have huge ramifications for this year’s elections. But it’s unclear if the draft represents the court’s final word on the matter — opinions often change in ways big and small in the drafting process.
President Joe Biden said Tuesday that the “basic fairness and the stability of our law demand” that the court not overturn Roe. While emphasizing that he couldn’t speak to the authenticity of the draft, Biden said his administration is preparing for all eventualities for when the court ultimate rules and that a decision overturning Roe would raise the stakes for voters in November’s heated midterm elections.
“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden said. “And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”
Whatever the outcome, the Politico report late Monday represented an extremely rare breach of the court’s secretive deliberation process, and on a case of surpassing importance.
“Roe was egregiously wrong from the start,” the draft opinion states. It was signed by Justice Samuel Alito, a member of the court’s 6-3 conservative majority who was appointed by former President George W. Bush.
The document was labeled a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organization.
The court is expected to rule on the case before its term ends in late June or early July.
The draft opinion in effect states there is no constitutional right to abortion services and would allow individual states to more heavily regulate or outright ban the procedure.
“We hold that Roe and Casey must be overruled,” it states, referencing the 1992 case Planned Parenthood v. Casey that affirmed Roe’s finding of a constitutional right to abortion services but allowed states to place some constraints on the practice. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
A Supreme Court spokeswoman said the court had no comment, and The Associated Press could not immediately confirm the authenticity of the draft Politico posted, which dates from February.
Politico said only that it received “a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”
The draft opinion strongly suggests that when the justices met in private shortly after arguments in the case on Dec. 1, at least five voted to overrule Roe and Casey, and Alito was assigned the task of writing the court’s majority opinion.
Votes and opinions in a case aren’t final until a decision is announced or, in a change wrought by the coronavirus pandemic, posted on the court’s website.
The report comes amid a legislative push to restrict abortion in several Republican-led states — Oklahoma being the most recent — even before the court issues its decision. Critics of those measures have said low-income and minority women will disproportionately bear the burden of the new restrictions.
The leak jumpstarted the intense political reverberations that the high court’s ultimate decision was expected to have in the midterm election year. Already, politicians on both sides of the aisle were seizing on the report to fundraise and energize their supporters on either side of the hot-button issue.
An AP-NORC poll in December found that Democrats increasingly see protecting abortion rights as a high priority for the government.
Other polling shows relatively few Americans want to see Roe overturned. In 2020, AP VoteCast found that 69% of voters in the presidential election said the Supreme Court should leave the Roe v. Wade decision as is; just 29% said the court should overturn the decision. In general, AP-NORC polling finds a majority of the public favors abortion being legal in most or all cases.
Still, when asked about abortion policy generally, Americans have nuanced attitudes on the issue, and many don’t think that abortion should be possible after the first trimester or that women should be able to obtain a legal abortion for any reason.
Alito, in the draft, said the court can’t predict how the public might react and shouldn’t try. “We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work,” Alito wrote in the draft opinion, according to Politico.
People on both sides of the issue quickly gathered outside the Supreme Court waving signs and chanting on a balmy spring night, following the release of the Politico report.
Reaction was swift from elected officials in Congress and across the country.
In a joint statement from Congress’ top two Democrats, House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer said, “If the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past fifty years — not just on women but on all Americans.”
New York Gov. Kathy Hochul, also a Democrat, said people seeking abortions could head to New York. “For anyone who needs access to care, our state will welcome you with open arms. Abortion will always be safe & accessible in New York,” Hochul said in a tweet.
Mississippi Attorney General Lynn Fitch said in a statement, “We will let the Supreme Court speak for itself and wait for the Court’s official opinion.” But local officials were praising the draft.
“This puts the decision making back into the hands of the states, which is where it should have always been,” said Mississippi state Rep. Becky Currie.
Congress could act, too, though a bill that would write Roe’s protections into federal law stalled in the Senate after passing the House last year with only Democratic votes.
At Supreme Court arguments in December, all six conservative justices signaled that they would uphold the Mississippi law, and five asked questions that suggested that overruling Roe and Casey was a possibility.
Only Chief Justice John Roberts seemed prepared to take the smaller step of upholding the 15-week ban, though that too would be a significant weakening of abortion rights.
Until now, the court has allowed states to regulate but not ban abortion before the point of viability, around 24 weeks.
The court’s three liberal justices seemed likely to be in dissent.
It’s impossible to know what efforts are taking place behind the scenes to influence any justice’s vote. If Roberts is inclined to allow Roe to survive, he need only pick off one other conservative vote to deprive the court of a majority to overrule the abortion landmark.
Twenty-six states are certain or likely to ban abortion if Roe v. Wade is overturned, according to the pro-abortion rights think tank the Guttmacher Institute. Of those, 22 states already have total or near-total bans on the books that are currently blocked by Roe, aside from Texas. The state’s law banning it after six weeks has already been allowed to go into effect by the Supreme Court due to its unusual civil enforcement structure. Four more states are considered likely to quickly pass bans if Roe is overturned.
Sixteen states and the District of Columbia, meanwhile, have protected access to abortion in state law.
This year, anticipating a decision overturning or gutting Roe, eight conservative states have already moved to restrict abortion rights. Oklahoma, for example, passed several bills in recent weeks, including one that goes into effect this summer making it a felony to perform an abortion. Like many anti-abortion bills passed in GOP-led states this year, it does not have exceptions for rape or incest, only to save the life of the mother.
Eight Democratic-leaning states protected or expanded access to the procedure, including California, which has passed legislation making the procedure less expensive and is considering other bills to make itself an “abortion sanctuary” if Roe is overturned.
The draft looked legitimate to some followers of the court. Veteran Supreme Court lawyer Neal Katyal, who worked as a clerk to Justice Stephen Breyer and therefore has been in a position to see drafts, wrote on Twitter: “There are lots of signals the opinion is legit. The length and depth of analysis, would be very hard to fake. It says it is written by Alito and definitely sounds like him.”
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2 years ago
US Supreme Court likely to bar some ‘green card’ applicants
The Supreme Court appeared ready Monday to prevent thousands of people living in the U.S. for humanitarian reasons from applying to become permanent residents.
The justices seemed favorable, in arguments via telephone, to the case made by the Biden administration that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status from seeking “green cards” to remain in the country permanently.
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The designation applies to people who come from countries ravaged by war or disaster, protects them from deportation and allows them to work legally.
The case pits the administration against immigrant groups that contend federal law is more forgiving for the 400,000 people who are TPS recipients. Many have lived in the U.S. for many years, given birth to American citizens and have put down roots in this country, their advocates say.
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The Justice Department says it is maintaining a position held consistently for 30 years by administrations of both parties.
President Joe Biden supports changing the law to put TPS recipients, among other immigrants, on a path to citizenship. Legislation that would allow people who are here for humanitarian reasons to adjust their immigration status has passed the House, but faces uncertain prospects in the Senate.
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Justice Brett Kavanaugh said the court should be “careful about tinkering with the immigration statutes as written,” especially when Congress could act. “But just kind of big picture, why should we jump in here when Congress is very focused on immigration?” Kavanaugh asked.
The case turns on whether people who entered the country illegally and were given humanitarian protections were ever “admitted” into the United States under immigration law.
Justice Clarence Thomas said “they clearly were not admitted at the borders. So is that a fiction? Is it metaphysical? What is it? I don’t know.”
The case before the court involves a couple from El Salvador who have been in the country since the late 1990s. In 2001, the U.S. gave Salvadoran migrants legal protection to remain in the U.S. after a series of earthquakes in their home country.
People from 10 other countries are similarly protected. They are: Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen.
3 years ago
Supreme Court won't halt turnover of Trump's tax records
In a significant defeat for former President Donald Trump, the Supreme Court on Monday declined to step in to halt the turnover of his tax records to a New York state prosecutor.
3 years ago
US Supreme Court asked to block Biden win in Pennsylvania
Republicans attempting to undo President-elect Joe Biden’s victory in Pennsylvania asked the U.S. Supreme Court on Tuesday to take up their lawsuit, three days after it was thrown out by the highest court in the battleground state.
4 years ago
Judge throws out Trump bid to stop Pennsylvania vote certification
Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes, a federal judge ruled Saturday, dealing President Donald Trump’s campaign another blow in its effort to invalidate the election.
4 years ago
Supreme Court issues flurry of last-minute election orders
North Carolina, yes. Pennsylvania, yes. Wisconsin, no. That’s how the Supreme Court has answered questions in recent days about an extended timeline for receiving and counting ballots in those states.
4 years ago
Amy Coney Barrett confirmed to US Supreme Court
Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come, reports AP.
4 years ago
How Ginsburg’s death could reshape the presidential campaign
A presidential campaign that was already tugging at the nation’s most searing divides has been jolted by the death of Supreme Court Justice Ruth Bader Ginsburg, potentially reshaping the election at a moment when some Americans were beginning to cast ballots.
For months, the contest has largely centered on President Donald Trump’s handlin
4 years ago