Lawfare wrong way to stop Trump

The US Supreme Court made the right call on Monday (Tuesday AEDT) when, in a 9-0 judgment, it overturned a decision that would have disqualified Donald Trump from contesting the presidential election in November. The ruling – supported by even the court’s three most liberal justices – returns the outcome of the election and Mr Trump’s prospects to where they should be for all candidates. That is, with voters rather than with judges in Colorado who in December voted 4-3 to debar him from the race in the state because of his role in the January 6, 2021, attack on the US Capitol.

The Supreme Court’s landmark decision is a victory for the US constitution and democracy over the misuse of partisan lawfare. It demolishes the notion that an arcane, post-civil war 14th amendment dating back to 1868 that bars candidates who have engaged in “insurrection or rebellion” can be used arbitrarily to keep Mr Trump out of the race. In its decision, the court concluded “states may disqualify persons holding or attempting to hold state office. But states have no power to enforce section 3 (of the 14th amendment) with respect to federal offices, especially the presidency”.

As shown in the 91 felony charges across four cases involving Mr Trump, lawfare was always going to be a dubious and uncertain way of trying to get the former president and prevent him from running. Mr Trump inevitably sees the Supreme Court decision as an auspicious victory on the eve of Super Tuesday (Wednesday AEDT), when he is set to be confirmed as the Republican candidate to face Joe Biden. As the New York Post notes, it does nothing to excuse his behaviour or responsibility for January 6. But it will add momentum to his campaign.

Mr Biden’s prospects look perilous, with four major polls in the past few days showing him losing to Mr Trump. He is hoping to make up ground later in the week with his annual State of the Union address. If he fails, as The Wall Street Journal says in a timely warning, “the pressure will rise for the President to do what’s best for the country and yield to a younger nominee”.