Former President Donald Trump has been granted approval to be on New York’s Republican presidential primary ballot by two Republicans on the New York State Board of Elections. This decision comes amid attempts by two states, Maine and Colorado, to block Trump from their ballots based on the 14th Amendment, alleging his involvement in the January 6, 2021, Capitol riot.
While the NYSBOE approved Trump’s inclusion, a Democrat state senator, Brad Hoylman-Sigal, along with other Democrats, filed an objection on the grounds of the 14th Amendment’s “insurrectionist” disqualification clause. They argue that Trump should be barred due to his alleged role in inciting a violent insurrection.
Hoylman-Sigal has threatened legal action, stating that if the NYSBOE grants Trump ballot access, he will file an appeal with the New York Supreme Court. The Supreme Court is set to hear oral arguments on February 8 regarding the attempts by Maine and Colorado to block Trump from their ballots.
Trump has consistently denied any involvement in an insurrection, emphasizing that he called for his supporters to protest peacefully on January 6, 2021. The legal challenges based on the 14th Amendment are viewed by Trump as attempts by political rivals to undermine his potential White House comeback.
The Supreme Court could potentially reverse the decisions by Maine and Colorado without delving into the substance of the insurrection claims. One possible approach is declaring that the U.S. president is not an “officer of the United States,” making Section 3 of the 14th Amendment inapplicable. The court could also vacate the decisions and instruct a reevaluation at a later date.
President Trump expressed confidence that the Supreme Court would uphold the people’s right to vote during an appearance on Fox News. The hearing on February 8 will provide an opportunity for Trump’s attorneys and opponents to present their oral arguments.
