A Cook County judge in Illinois has ordered the Illinois Board of Elections to remove former President Donald Trump from the state’s primary ballot. However, the order has been put on hold pending a likely appeal. Cook County Circuit Judge Tracie R. Porter issued the ruling, but stayed it until Friday in anticipation of an appeal to the Illinois Appellate or Supreme Court.
The primary is scheduled for March 19, and Mr. Trump’s campaign spokesman, Steven Cheung, has already stated that they plan to appeal the ruling, calling it unconstitutional. This move comes as Illinois, along with several other states, considers disqualifying Mr. Trump due to his alleged role in the attack on the U.S. Capitol on January 6, 2021, and whether this constitutes insurrection.
The case revolves around Section 3 of the 14th Amendment, which prohibits individuals who have sworn to support the Constitution from holding government office if they engage in insurrection. This provision was put in place in 1868 to prevent former Confederates from holding office and has rarely been used in over 150 years.
Recently, the Colorado Supreme Court disqualified Mr. Trump from their state’s GOP presidential primary ballot based on his conduct related to the Capitol attack. This decision prompted efforts in Illinois and other states to take similar action.
While the Illinois State Board of Elections initially ruled it lacked the authority to remove Mr. Trump from the ballot, a judge later allowed petitioners to continue their efforts. The U.S. Supreme Court is expected to weigh in on the matter soon, with two ongoing cases regarding Mr. Trump’s eligibility.
CBS 2 Legal Analyst Irv Miller noted that the Cook County court decision may be overshadowed by the upcoming Supreme Court rulings on Mr. Trump’s immunity from prosecution and eligibility for the presidency. As the high court prepares to hear arguments on April 22, the timing of a decision remains uncertain.
There is speculation that the election itself could ultimately end up before the U.S. Supreme Court. However, Miller emphasized the importance of a fair and legal election process, expressing hope that the decision will ultimately rely on the will of the people.
In the midst of these legal challenges, the nation waits to see how the Supreme Court will interpret the Fourteenth Amendment and its implications for presidential candidacy. As the legal drama unfolds, the political landscape remains uncertain, with implications that could shape the future of the American electoral process.