Experts fear 'violence and chaos' if Supreme Court blocks Trump from election ballot

05 February 2024

This Thursday, February 8, the U.S. Supreme Court will listen to oral arguments in Trump v. Anderson — the case that will decide Donald Trump's eligibility for Colorado's presidential ballot and, by extension, the ballots in other states.

The Colorado Supreme Court ruled that Trump is disqualified from the state's ballot based on Section 3 of the U.S. Constitution's 14th Amendment, which states that an "officer" who has engaged in "insurrection" or is disqualified from certain positions. Maine Secretary of State Shenna Bellows has also decided to exclude Trump on 14th Amendment grounds, although California and Michigan have decided to keep Trump on their ballots.

Most of the legal analysts appearing on MSNBC and CNN are predicting that the U.S. Supreme Court will strike down the Colorado decision. But in a report published by Politico on February 5, Politico asks a variety of legal experts, national security experts and political activists: "What if the Court shocks the country, and rules Trump is no longer eligible?"

The interviewees range from law professor and former federal prosecutor Kimberly Wehle and law professor/elections expert Richard L. Hasen to The Lincoln Project's Rick Wilson.

Wehle argued that by upholding the Colorado decision, the Roberts Court would "strengthen the Constitution" — while striking down the Colorado ruling "would have effectively repealed a live section of the Constitution."

The former federal prosecutor told Politico, "Only one decision will strengthen the Constitution, our democracy and the rule of law. The mantra 'no more kings' should go for everyone — including Supreme Court justices and presidents."

Meanwhile, Hasen told Politico, "If the ruling comes out that Trump is in fact disqualified, it will be hard to paint it as a 'partisan' or 'liberal' decision. There are only three Democratic-appointed justices on the Court, so a ruling against Trump would require the votes of at least two Republican-appointed judges…. My greatest concern of a ruling disqualifying is not therefore about a hit to the Court's legitimacy, but the potential for violence."

Hasen isn't the only interviewee who fears that such a decision would be followed by far-right violence.

Wilson, a Never Trump conservative and former GOP strategist, bluntly told Politico, "I'm of the opinion that if the Court somehow blocks Trump's participation due to his role in the insurrection, we're in for violence and chaos that makes January 6 look like a Sunday picnic. I'm deeply troubled by the problem of a fight between rule of law and the threat of civic violence. It's a tough spot for a constitutional republic."

National security expert Donell Harvin predicts "a marked rise in violent extremism" if the Roberts Court upholds the Colorado ruling.

Harvin told Politico, "The violent extremism that I envision would range from widespread violence against government buildings and symbols, to targeted acts of violence and stochastic terrorism against any individuals perceived of actively working against the former president's interests, or those who were complacent in not defending him. On January 6, 2021, the world witnessed first-hand the capabilities of the extreme wing of Trump's following, in an ad-hoc and hastily planned attack against the U.S. Capitol. Imagine a better prepared and determined force of equal or greater strength, seeking to exact revenge on the Supreme Court for their perceived politically motivated decision."

Read Politico's full report at this link.

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