(PatriotSpotlight.org) – Supreme Court Justice Clarence Thomas quizzed Colorado attorney Jason Murray, during oral arguments last Thursday, February 8th. Murray is representing the state’s voters in a case concerning its decision to exclude ex-President Donald Trump from ballots under Section Three of its Fourteenth Amendment, known as the “Insurrection Clause.” Responding to Murray’s claim that states have the authority to remove national candidates, Thomas urged him to provide cases in which states had previously exercised such powers, but the former was unable to cite any major example.
Thomas, a devout Catholic and conservative-leaning Justice, referred to the political context that followed the US’ Reconstruction era, including the Compromise of 1877. He explained that disputes over candidacy disqualifications may have arisen, particularly due to the presence of Confederates seeking state or national election throughout that era. Murray failed to locate any examples of such a state-level disqualification, even during this turbulent period. However, the Colorado lawyer did try to push back by citing Congress’s refusal to seat certain candidates, although Thomas stressed that the legal challenge being considered surrounded the question of states removing national candidates from ballots and not federal initiatives.
Chief Justice John Roberts, who has been described as a moderate conservative, attempted to frame Thomas’s questions within the wider context of the Fourteenth Amendment’s limits on state-level power while enhancing federal authority. Roberts also suggested that Murray’s approach to the Amendment was “ahistorical”.
Justice Clarence Thomas has received criticism over his role in this high-profile case involving former President Donald Trump, given his wife Ginni Thomas’ extensive conservative activism. The Thomases have not publicly responded to questions on the matter, and there is no suggestion Justice Thomas might recuse himself from the case. Regardless of Thomas’ perceived bias, Kyle Cheney, a Congress reporter for POLITICO, has acknowledged that most experts expect Trump to prevail in his mission to remain on the ballot, especially given that the US Supreme Court currently holds a 6-3 conservative majority.
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