OPINION: This article may contain commentary which reflects the author's opinion.
After spending years claiming former President Donald Trump led an “insurrection” after “refusing” to accept the results of the 2020 election and trying to stop its certification for Joe Biden, now some senior House Democrats are suggesting they may not certify the November election if Trump wins.
In recent oral arguments regarding a Colorado ruling that deemed Trump ineligible for the ballot under the 14th Amendment’s “insurrectionist ban,” the Supreme Court seemed unconvinced that a sole state should have the authority to disqualify him. However, it remains uncertain whether the justices will directly tackle the issue of eligibility.
As such, and despite criticism of Republicans who opposed certifying President Joe Biden’s victory in 2020, several senior Democrats who spoke to The Atlantic have suggested the possibility of not certifying a Trump victory in 2024 if the Supreme Court does not decisively address his eligibility.
For example, Rep. Zoe Lofgren (D-Calif.) told the outlet she believes Trump is “clearly ineligible” but said the process of challenging it is “very murky.” But she said “there’s no procedure, per se, for challenging on this basis,” according to the outlet.
Still, she said she “might be” among other Democratic legislators who would refuse to certify the election if Trump wins.
Meanwhile, Rep. James Clyburn (D-S.C.) told the outlet he thinks Trump is an “insurrectionist,” though the former president has never been charged with that crime, and there are no indications that Joe Biden’s Justice Department is considering such a charge.
Rep. Adam Schiff, another California Democrat, said he would not object if the Supreme Court rules Trump is eligible, telling The Atlantic he didn’t “want to get into the chaos hypothetical” if the high court declined to answer that question.
“I’m going to follow the law,” Rep. Eric Swalwell (D-Calif.) told the Atlantic. “I would not object out of protest of how the Supreme Court comes down. It would be doing what I didn’t like about the January 6 Republicans.”
During oral arguments, Colorado’s attorney, Jason Murray, hinted to the justices that if they fail to provide a clear determination, the matter might resurface in Congress.
“If this Court concludes that Colorado did not have the authority to exclude President Trump from the presidential ballot on procedural grounds…I think it could come back with a vengeance because, ultimately, members of Congress would — may have to make the — the determination after a presidential election if President Trump wins about whether or not he is disqualified from office and whether to count votes cast for him under the Electoral Count Reform Act,” he said.
During arguments before the high court, reports said the justices appeared skeptical of Colorado’s decision to disqualify the former president and asked tough questions of Murray.
Speaking to reporters outside of Mar-a-Lago earlier this month after justices heard oral arguments in the matter, Trump just called the hearing “a very beautiful process,” adding that he hopes democracy will continue.
“So I just say that in watching the Supreme Court today, I thought it was very — it’s a very beautiful process. I hope that democracy of this country will continue, because right now we have a very, very tough situation with all of the radical left ideas, with the weaponization of politics. They weaponized it like it’s never been weaponized before. It’s totally illegal, but they do it anyway,” Trump said.
“And it has to stop. Every one of the court cases that I’m involved, every single one, civil, whether it’s the attorney generals or the district attorneys. You look at Fani in Georgia. They had many meetings with the White House and with the DoJ. They went there, eight-hour meetings. It was all staged. It was a phony hoax. And now you’re looking at it, and it is a phony hoax. And hopefully that case will be dismissed in short order. It’s a — it’s a disgrace to this country, But they work together with the Justice Department and the White House and not supposed to do that,” Trump added.
