Two states (Colorado and Maine) have ruled that Donald Trump is not qualified to be on the primary ballots in their states, and the question will soon be decided in some other states. The Colorado Supreme Court and the Maine Secretary of State both base their rulings on Section 3 of the Fourteenth Amendment to the U.S. Constitution.
That section of the Constitution prohibits anyone who has engaged in "insurrection or rebellion" from holding "any office, civilian or military, under the United States, or under any State". It seems obvious to me that the phrase "any office" would have to include the presidency.
Did Trump commit insurrection (a violent uprising against an authority or government)? That also seems obvious. On January 6th, immediately before Congress was to meet to count and ratify the electoral votes, Trump urged his followers to go to Congress and stop that vote certification -- and they did so in a violent way (with people hurt, lives lost, and property damaged).
Another state (Michigan) has decided the Fourteenth Amendment does not apply, and said Trump could be on the ballot in that state. Most people now expect the matter to be taken up by the U.S. Supreme Court.
Two things could happen. One, they could decide it was up to each state to decide who qualifies for the ballot. Two, they could take the case and either rules Trump was or was not qualified to be on the ballot.
I think they will take the case. But the conservative majority is extremely unlikely to take Trump off of all state ballots. So there most likely ruling is that Trump must be on all state ballots. They will probably dodge the insurrection issue by ruling he has yet to be convicted of that.
Should Trump be removed from all ballots - YES. Will Trump be removed from any ballots - NO. After all, they are right-wing Republicans, and right-wing Republicans don't think rules, laws, or constitutional provisions should apply to themselves.
Don't expect this Supreme Court to do the constitutional thing -- or the right thing.
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