As you’ve likely heard, former President and candidate for the Republican presidential nomination, Donald Trump, just received a major win, with the Supreme Court ruling that Colorado nor any other state has the authority to bar him from their state ballots. But that doesn’t mean the Democrats are giving up on their efforts to ensure Trump doesn’t make it back to the Oval Office.
In fact, according to some, it may have only emboldened their “plan B.”
If they can’t keep Trump from winning in what is looking more and more likely to be a landslide victory nationwide, the plan will quite simply have to be to deny the certification of such election results.
You probably remember that the state court in Colorado decided that Trump participated in what they call “insurrection” by encouraging Americans to make themselves “patriotically and peacefully heard” in our nation’s capital on January 6, 2021.
Now, we all know that what he said isn’t “insurrection,” which is exactly why no court has been able to actually convict him of such or even charge him on the matter.
And per the US Supreme Court, that is precisely the reason that Colorado can’t ban his name from an election.
Naturally, Colorado’s case was that Trump should be disqualified from running for federal office under Section 3 of the Constitution’s 14th Amendment. This section was designed shortly after the Civil War and kept those who clearly did participate in insurrection from then going on to infiltrate our hallowed congressional and executive halls with their divisive views.
But, as I already mentioned, Trump has neither been convicted nor charged with insurrection in any court or by Congress. And therefore, he cannot be denied running for federal office in Colorado, or any state, for that matter.
And that brings us to the Democrats’ backup plan since this one obviously hasn’t panned out the way they had hoped.
As The Atlantic’s Russel Berman was told by a number of sitting Democratic lawmakers, the Supreme Court’s unanimous decision to allow Trump’s name on all state ballots means that they might have to take matters into their own hands. And by that, I mean left-leaning congressional members in both houses may decide to move in favor of not certifying the election results, should he win come November.
Already, several current members, when asked by Berman, responded that, indeed, they were leaning in that direction.
“In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility,” which is still being decided.
As you know, Trump is facing numerous legal battles, one of which includes a case now put before the Supreme Court on whether or not he is protected by presidential power, as he is a former president. One court has already said he is not.
Should the Supreme Court agree, it will give Democrats a much more substantial leg to stand on in their fight to disqualify him from winning or at least getting into the Oval Office again.
But as Berman pointed out, “Contesting a presidential election by claiming the winner is ineligible, however, has no precedent.”
So, there is no real way to know how the Supreme Court will rule.
Should they rule that Trump is ineligible, those like California’s Adam Schiff, Eric Swalwell, and Zoe Lofgren have already hinted that they will vote not to certify the election.
Others, such as former House Majority Whip James Clyburn and House Minority Leader Hakeem Jeffries, refused to comment on how they would vote. Still, both have hinted that they do believe Trump is an “insurrectionist,” leading us to think they would vote accordingly.
However, it’s also important to note here that should such a vote arise, it would take place during a new Congress in January 2025. And that means the majorities as they stand in both houses now may not be the same.
As you likely know, both the House of Representatives and the US Senate are only slightly led by one party or the other, Republican and Democrat, respectively. It wouldn’t take much for either house to flip majorities or gain enough to keep them in power.
In any case, only a simple majority in both houses is needed to object to certifying an Electoral College vote.
Needless to say, things could get a bit chaotic…
