Democratic Party seeks to challenge the Supreme Court in their efforts against Donald Trump
The Constitution is under threat in 2024 due to the “lawfare” being waged against Donald Trump. The Supreme Court is as much its target as Trump himself. Attempt to ban Trump from the ballot in Colorado, Maine, and other states are a major concern. The architects of these efforts are counting on most Americans not knowing how presidential primaries and general elections actually work.
There is a potential scenario where a blue-state Supreme Court or Democratic secretary of state rules that Trump isn’t eligible to be president. If this were to happen, very little would change if the question remained at the state level because voters don’t directly pick either a party’s nominee or a president. The process is complex and ultimately selects delegates to the party’s national convention, who in turn pick the nominee.
In the unlikely event that Colorado kept Trump off the ballot but he needed the state’s delegates, he could potentially obtain them by having his voters throw their support behind one of the candidates who’s on the ballot. The general election is also indirect, meaning that disqualifying Trump from the ballot wouldn’t disqualify the electors pledged to him and his running mate, and the Republican candidate for vice president would appear on the ballot even if Trump didn’t.
If Trump won the Electoral College vote despite state attempts to ban him, Vice President Kamala Harris and Democrats in Congress would be in a difficult position. While Democrats are anticipating that the states will be preempted by the US Supreme Court, the trap they’ve laid is for SCOTUS to take up the Colorado case and potentially embarrass the Republican-majority court.
Lawfare subverts democracy by taking decision-making away from the voters and giving it to the courts, while ensuring half the country — one party or the other — is outraged by the judiciary’s conclusions. The scenarios being entertained by Democrats surrounding disqualifying Trump rather than beating him don’t work, and lawfare only breeds strife.
Daniel McCarthy is the editor of Modern Age: A Conservative Review.
Twitter: @ToryAnarchist
