2024 U.S. Presidential Election Update: Court Cases

There are many questions and some confusion about the pending court cases involving former President Trump and the upcoming 2024 U.S. presidential election. There are also cases concerning President Trump that have nothing to do with the upcoming election. We will not address those cases in this brief but will outline the ones that could impact the 2024 election.

In our January brief, we reported that Colorado and Maine had determined that President Trump could not be on the 2024 ballot. The decision was based on the 14th Amendment to the U.S. Constitution’s prohibition against those who have engaged in a rebellion or insurrection against the U.S. Government. Last Thursday, the U.S. Supreme Court heard arguments from both the petitioners and the defendants. Based on the questions from the Supreme Court justices, it appears that the Court is skeptical that a state can simply refuse to include former President Trump’s name on the ballot.

The Supreme Court is likely to issue its decision expeditiously, unlike its normal decision process which typically results in Court decisions being issued in June. The Court’s reasoning will be of interest to all. That said, should the Court agree that Colorado and Maine have the authority to keep President Trump off the ballot, this does not mean that President Trump cannot run for the office of the president. It would mean only that he cannot be on the ballot in those two states, in particular. Importantly, an affirmative decision would also allow other states to keep President Trump off their ballots. It is that result which seems to greatly concern the Supreme Court’s justices.

Another case pending before the U.S. Supreme Court does not involve former President Trump, but it could impact the criminal court proceedings pending against him. The individuals that took control of the U.S. Capitol building on January 6, 2020 were charged and convicted of felonies based on a law making it criminal to obstruct an official government proceeding. Three of the individuals charged and convicted challenged the law, claiming it was not intended to apply to the acts that they engaged in, including taking over the U.S. Capitol. They argued that the law has a narrow application and should apply only to acts such as destroying documents to impede an official proceeding. If the Supreme Court agrees, the pending charges of obstructing an official proceeding pending against President Trump would likely be dropped.

The last case is not yet before the Supreme Court. Last week, the U.S. Court of Appeals in a 57-page opinion decided that President Trump was not immune from criminal prosecution. The Court of Appeals disagreed with former Presidents Trump’s claim of absolute immunity. The Court of Appeals decided that former President Trump is not shielded from criminal liability for his role in attempting to overthrow the 2020 election.

Just before the deadline, President Trump has appealed the U.S. Court of Appeals decision finding President Trump does not have absolute immunity to the Supreme Court. The Supreme Court now must decide whether it will hear President Trump’s appeal.