'You can’t have this lingering': SCOTUS urged to act fast on Trump ballot challenges

30 December 2023

With two states already disqualifying former President Donald Trump from their primary ballots, the Supreme Court of the United States (SCOTUS) is facing a time crunch to resolve questions around the former president's eligibility before the clock runs out on coordinating the logistics of upcoming presidential primaries.

While Iowa and New Hampshire will hold their nominating contests in January, the bulk of states deciding who will have a plurality of delegates heading into next year's GOP convention will have their respective primary caucuses and elections on March 5, 2024 — also known as Super Tuesday. South Texas College of Law-Houston professor Josh Blackman told the Washington Post "the court has to take this case."

"You can’t have this lingering," Blackman said. "You have to print ballots for absentees, overseas ballots, military ballots. We need a prompt resolution of this issue as soon as possible."

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According to Lawfare's Trump Disqualification Tracker, there are numerous other states where challenges to the former president's ballot eligibility is being considered in court. The website's map shows that as of the end of 2023, there are two states where Trump has been disqualified with the rulings stayed pending appeal (Colorado and Maine), three states where disqualification challenges have been dismissed (Florida, Michigan and Minnesota) and 11 states where litigation is still pending (Alaska, Nevada, New Mexico, New York, Oregon, South Carolina, Virginia, Texas, Vermont, Wisconsin and Wyoming).

University of Notre Dame law professor noted that SCOTUS is capable of acting quickly, citing the 2000 Bush v. Gore case relating to the winner of Florida's Electoral College votes.

"In Bush v. Gore they ruled in three days,” Muller told the Post. “Is it realistic that they could issue a decision by mid-February? It’s completely realistic."

The longer this lingers, the more uncertainty there is in the states as states continue to do their own things," Muller added. "For voters, as they wonder, you know, am I voting for an ineligible candidate?"

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