HISTORIC ELECTION CASE
The Supreme Court is hearing oral argument on Feb. 8 over what is perhaps the most consequential presidential election case since Bush v. Gore. It’s expected to weigh in on a relatively untested part of the Constitution that could have major ramifications for various aspects of U.S. law.
President Trump is asking the justices to overturn the Colorado Supreme Court ruling disqualifying him from appearing on the state’s primary ballot. Several Colorado justices agreed with a group of voters alleging that Trump violated Section 3 of the 14th Amendment by engaging in an insurrection on Jan. 6.
Rulings are generally unpredictable but four major areas of argument could be the focus of the Supreme Court’s decision in the case Trump v. Anderson. It could uphold the Colorado Supreme Court decision, rule that Trump isn’t an “officer of the United States” who can be disqualified under Section 3, say Congress needs to intervene, or take issue with a narrow aspect of just Colorado’s ruling rather than issuing an authoritative interpretation of Section 3.
Disqualifying Trump has been viewed by observers as a highly unlikely outcome for the nation’s highest court. The Roberts court, which has been described as more incremental, would have to rule, among other things, that Trump engaged in an insurrection, is an “officer of the United States,” and that the amendment is self-executing, or can be enforced by courts without prior action by Congress.
Invalidating Colorado’s decision would be much easier for the justices as they could theoretically choose one legal issue among many as a basis for ruling the Colorado Supreme Court erred. Heritage Foundation Vice President of the Institute for Constitutional Government John Malcolm told The Epoch Times the officer argument is one of the “neatest and cleanest arguments” the Court could use in deciding the case.
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Congress plays a special role in enforcing the 14th Amendment with both Section 5 and a portion of Section 3 indicating that it has power over the amendment’s implementation. Hans von Spakovsky, a former Federal Election Commission member, questioned whether Section 3 was still legally operable after Congress passed two bills granting amnesty to Confederates.
Deferring to Congress or otherwise refusing to issue a decisive opinion could foster political violence, several experts suggested in an amicus brief. Former Ohio Solicitor General Edward Foley and others who penned the brief worried that Congress could effectively disenfranchise voters by acting on the issue after the election—including on the fourth-anniversary of Jan. 6.
–Sam Dorman
CONGRESS
A national security package that took lawmakers months to negotiate and craft officially fell apart in the Senate yesterday after failing a procedural vote.
The $118 billion proposal would have offered security aid to Ukraine, Israel, and the United States’ Indo-Pacific partners. It would also impose new policies on the administration for handling the border.
Conservatives railed against the border measures—especially a provision mandating a border shutdown when illegal crossings hit 5,000 a day over a week—arguing it would worsen the crisis.
Yesterday, the Senate refused to advance the package in a 49–50 vote; 60 votes were needed to end debate and bring the measure to a floor vote.
Most Republicans and a handful of Democrats voted no.
Sens. Bernie Sanders (I-Vt.), Ed Markey (D-Mass.), Bob Menendez (D-N.J.), Alex Padilla (D-Calif.), and Elizabeth Warren (D-Mass.) voted against the bill, with some of them citing funding for Israel as a red line.
On the GOP side, only Sens. Mitt Romney (R-Utah), Lisa Murkowski (R-Alaska), Susan Collins (R-Maine), and Lankford supported it.
Sen. Markwayne Mullin (R-Okla.) explained his “no” vote, saying that President Joe Biden already has the authority to shut down the border.
Sen. Josh Hawley (R-Mo.) said that this benefits businesses at the cost of Americans, citing the endorsement of the measure by the Chamber of Commerce, bankers, and Wall Street. Hawley said that it would only make the situation at the border “worse.”
Sen. Steve Daines (R-Mont.) took to X to vent his frustrations with the final product.
“I can’t support a bill that doesn’t secure the border, provides taxpayer-funded lawyers to illegal immigrants, and gives billions to radical open borders groups. I’m a ‘no,’” Daines wrote.
Sen. Roger Marshall (R-Kansas) said he was hopeful throughout the process but that the final product “misses the mark.”
With the national security bill on life support, Schumer has proposed instead to bring the measure to the floor without the border provisions. Republicans have long said that additional Ukraine aid would be contingent on border provisions, however, setting up an uphill battle for this bill.
Meanwhile, House Republicans failed on two key votes this week.
First, they failed to impeach Department of Homeland Security Secretary Alejandro Mayorkas, who evaded impeachment in a 214–216 vote.
House Republicans also failed to pass a $17.6 billion support package for Israel.
With a funding deadline fast approaching at the beginning of March, Congress is effectively paralyzed by partisan squabbling and defeats.
—Joseph Lord
WHAT’S HAPPENING
- The Supreme Court hears arguments in the case which could upend the 2024 election. Justices will hear from the attorneys arguing for and against former President Donald Trump’s removal from the Colorado primary ballot.
- The Nevada GOP holds its caucuses from 8 p.m. to 10 p.m. Eastern. Trump, running practically unopposed because Nikki Haley opted to participate in the state’s dueling primary, is widely expected to cruise to victory.
- Treasury Secretary Janet Yellen testifies before the Senate Banking, Housing, and Urban Affairs Committee.
Several Canadian truckers who took part in the 2022 Freedom Convoy are looking to sue after a Canadian federal judge ruled that the government improperly employed the Emergencies Act to break up the protest, The Epoch Times’ Matthew Horwood reports. Government, banks, and other powerful institutions who helped bring the anti-lockdown protest to an end could be on the hook for damages if the suit is successful.
James Biden, brother to President Joe Biden received around $600,000 from the Americore healthcare company. But according to testimony delivered by an affiliate of the company, there are no records of why he received the money, The Epoch Times’ Zachary Stieber reports.
U.S. military strikes in Baghdad ended in the death of a Hezbollah commander believed to be associated with a deadly attack that left three American soldiers dead and dozens wounded, The Epoch Times’ Andrew Thornebrooke reported. The death came amid a series of retaliatory strikes by the U.S.
China’s communist regime is pre-positioning malware in U.S. systems in preparation for a major conflict, according to the United States’ top cyber agency. The Epoch Times’ Andrew Thornebrooke reported on the disclosure, and what it could mean for Americans if a conflict with China were to break out.
Presidential contender Robert F. Kennedy Jr. is ramping up his attacks on Trump, The Epoch Times’ Jeff Louderback reported. Both Kennedy and Trump have run on populist, anti-establishment messaging, and have often emphasized their similarities and mutual respect in comments about each other. Now, Kennedy is trying to distinguish himself and his beliefs from those of Trump.
