With two states ruling Donald Trump ineligible to serve again as president, the unprecedented constitutional issue seems destined for the U.S. Supreme Court, no matter how much the justices may prefer to avoid wading into this legal and political quagmire.
The former president’s campaign plans to immediately appeal Thursday’s decision by Maine’s top election official, as they did the one last week from the Colorado Supreme Court. Both deemed Trump disqualified from the presidency under the 14th Amendment because of his role in the Jan. 6 attack on the U.S. Capitol.
Trump remains on the ballot in both states for next year’s GOP presidential primary, since both paused implementation of their decision to allow time for higher courts to intervene.
In Maine, Secretary of State Shenna Bellows, a Democrat, said in an interview with NBC News that she would have preferred to wait for the U.S. Supreme Court to issue guidance on the novel legal question — no presidential candidate has ever been disqualified under the 14th Amendment — but she said Maine law required her act now. “The country would be well served if the United States Supreme Court issues clear guidance on this unprecedented constitutional question for all to follow,” Bellows said.
Maine election law, an outlier nationally, allows any registered voter to challenge the eligibility of any candidate. It requires the secretary of state to hold a public hearing on the challenge and then issue a decision on a tight timeline.
Three voters challenged Trump’s eligibility, two on 14th Amendment grounds.
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