Politics

Opinion: The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution

Published

11 months ago

February 9, 2024

Opinion: The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution

Two seemingly contradictory impressions emerged from almost three hours of oral argument Thursday before the Supreme Court: The case for Donald Trump’s eligibility to be president again was quite weak, but the Supreme Court is likely to rule in his favor.

Based on the questions raised by the justices, it’s hard to imagine five of them agreeing with Colorado’s decision to prohibit Trump from running for president as an insurrectionist under the 14th Amendment.

The issue before the court is whether Trump is disqualified from the presidency by Section 3 of the amendment, which provides that no officeholder who “engaged in insurrection or rebellion against” the country “shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States.”

The oral argument focused primarily on three questions. First, does Section 3 require a statute passed by Congress to be enforced? Several of the justices indicated support for the view that the provision is not “self-executing” and can’t be enforced without a federal law. Justice Brett M. Kavanaugh, for example, said the “original public meaning” was that a statute is necessary to apply the section.

This argument is seriously flawed. To begin with, the provision doesn’t need a law to enforce it any more than the other constitutional presidential qualifications do, among them being at least 35 years old, a natural-born citizen and not having already served two terms.

In addition, the amendment clearly defines Congress’ role here: Its last sentence gives lawmakers the power to exempt an insurrectionist from the provision. But the amendment does not require congressional action to enforce the section.

Importantly, the Supreme Court in 1883 declared that the 14th Amendment is “undoubtedly self-executing without any ancillary legislation.” The primary authority to the contrary, relied on by Trump lawyer Jonathan Mitchell and invoked by Kavanaugh, is not a Supreme Court decision but an 1869 opinion by Chief Justice Salmon Chase for a lower appellate court. As Justice Sonia Sotomayor pointed out, Chase later reached the opposite conclusion, finding that no statute was required for disqualification and that Jefferson Davis, the president of the Confederacy, was clearly disqualified from serving as president of the United States.

A second question that featured prominently in the oral argument is whether Section 3 applies to the president of the United States or only to other federal offices. Despite being ideological opposites, Justices Neil M. Gorsuch and Ketanji Brown Jackson both focused on the section’s listing of several offices without mentioning the president.

The problem with this argument is that Section 3 also says “any office, civil or military.” The Constitution repeatedly refers to the president as an officer. As the Colorado Supreme Court explained, senators, representatives and electors are listed as members of elected bodies who are not considered officers under the Constitution. But the president is an officer of the United States included in the phrase “any office.”

The court’s conservatives pride themselves on adhering to the original meaning of the Constitution, and those who drafted and ratified the 14th Amendment unquestionably saw Section 3 as applying to the president. This was explicitly stated on the floor of the Senate.

Gorsuch also noted during the argument that Section 3 precludes insurrectionists only from being president, not from running for the office. But that is an absurd distinction that could lead to dealing with whether Trump is disqualified only after he is elected, a nightmare scenario.

The third question to occupy much of the argument is whether Trump in fact participated in an insurrection. Justice Samuel A. Alito Jr. questioned the evidence for that, while Kavanaugh noted that the former president hasn’t been convicted of insurrection. But a Colorado court held a five-day hearing on that question in which Trump could have testified, after which the judge concluded that he had indeed participated in an insurrection. And nothing in Section 3 or its history requires a criminal conviction.

Another pair from different ends of the court’s ideological spectrum, Justices Elena Kagan and Amy Coney Barrett, wondered whether one state court should be able to make such a determination. But every case must begin in one state. Ultimately, this is not a question of one state deciding so much as it is the United States Supreme Court looking at the facts and the law — as courts always do — and deciding whether Section 3 disqualifies Trump.

This case provides the court with an opportunity to show that it follows the law and the facts, not just the political preferences of the justices. My sense from the oral argument is that we will have reason to be disappointed once more on that score.

I hope I am wrong. If the court ignores the clear language and meaning of the 14th Amendment, it will be a loss for the Constitution and the country.

Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law. His latest book is “Worse Than Nothing: The Dangerous Fallacy of Originalism.”

Politics

Who Is Coming to the Inauguration — and Who Isn’t

Published

3 hours ago

January 19, 2025

Press Room

Who Is Coming to the Inauguration — and Who Isn’t

Three of the richest men in the world, foreign dignitaries, tech and business executives, former presidents and an assortment of performers and other celebrities are on the guest list for President-elect Donald J. Trump’s inauguration on Monday, even as much of the midday ceremony has been moved indoors amid forecasts of extreme cold.

It is unclear what impact, if any, the relocation of Mr. Trump’s second swearing-in ceremony into the Capitol Rotunda will have on the seating arrangements. Unlike the outdoor venue, the Capitol Rotunda only seats about 600 people.

Four years ago, Mr. Trump skipped President Biden’s inauguration in a snub to his political rival. Every living former president is set to witness his return to power, but some prominent Democrats are opting out.

Here’s the list of those who are planning to attend the inauguration, and notable no-shows.

Going

Billionaires, businessmen and tech executives

Elon Musk, Mark Zuckerberg and Jeff Bezos, three of the world’s wealthiest men, were reported to be among the major tech executives who would sit in a position of honor on the dais at Mr. Trump’s inauguration — before the event was moved indoors. Tim Cook, the chief executive of Apple, and Shou Chew, the chief executive of the imperiled social media app TikTok, had also been invited to sit on the dais.

Seating for other high-dollar donors from the business world was already highly competitive even before the last-minute move indoors. Some offered donations to Mr. Trump’s inaugural committee as high as $1 million without receiving any access to the inauguration or accompanying receptions in return.

World leaders

China’s vice president, Han Zheng, will attend the inauguration on behalf of Xi Jinping, whom Mr. Trump had invited to the inauguration.

Unlike at the inaugurations of President Biden and former President Barack Obama, a number of other world leaders will be in attendance. Many of them share Mr. Trump’s ideology and policy preferences.

From Latin America, Javier Milei, the right-wing populist president of Argentina, is reportedly planning to make an appearance. Jair Bolsonaro, the former president of Brazil and another right-wing populist, had intended to attend, but his passport was previously seized by federal police in Brazil and his request to a Brazilian Supreme Court justice to make the trip was denied.

From Europe, Giorgia Meloni, the right-wing prime minister of Italy, affirmed that she planned to attend. The press secretary of Viktor Orban, the prime minister of Hungary who has a friendly rapport with Mr. Trump, told a Hungarian media outlet that the prime minister had received an invitation but would not be attending.

Three representatives from key U.S. allies in the Asia-Pacific region will also be attending: S. Jaishankar, the external affairs minister for India; Penny Wong, the foreign minister of Australia; and Takeshi Iwaya, the foreign minister of Japan.

Trump’s presidential predecessors

Mr. Obama, George W. Bush and Bill Clinton will all attend Mr. Trump’s inauguration — as they did his first inauguration, eight years ago. They will not, however, attend a traditional lunch with the president-elect on that day, according to NBC News.

Former Vice President Mike Pence is also planning to attend the inauguration, according to two people with knowledge of the planning. He received an invitation, as is the custom for all former presidents and vice presidents.

Celebrity invitees

Carrie Underwood will sing “America the Beautiful” at Mr. Trump’s inauguration, according to a program of events. Victor Willis, the last surviving founding member of the Village People — whose music Mr. Trump frequently plays at this political rallies — announced on Facebook on Monday that the group had accepted an invitation to participate in Mr. Trump’s inaugural activities.

NBC News also reported that several athletes and musicians would be in attendance: They include Antonio Brown, the football player; Mike Tyson, the boxer; Jorge Masvidal, the martial arts fighter; and Evander Kane, the hockey player. The musicians Anuel AA, Justin Quiles, Rod Wave, Kodak Black and Fivio Foreign will also attend, NBC said.

Not Going

Michelle Obama

Mr. Obama is scheduled to attend, but Michelle Obama, the former first lady, will not. A statement from Mrs. Obama’s office did not specify a reason for the scheduled absence but noted that she had not attended another event this month: She did not accompany her husband to the funeral of former President Jimmy Carter, which every other living former president and first lady attended.

Nancy Pelosi

Representative Nancy Pelosi, the former speaker of the House and a chief antagonist of Mr. Trump during his first term in office, will also skip the inauguration. Ms. Pelosi, 84, is still recovering from a hip replacement after falling while on an official trip to Luxembourg, but she has been attending votes in the House. A spokesman would not specify why she would not attend, but there is long-running acrimony between Mr. Trump and Ms. Pelosi.

A number of House Democrats are also skipping the inauguration

Democratic members of Congress who have announced or told reporters of their plans to skip the inauguration include: Representative Adam Smith of Washington, Representative Judy Chu of California, Representative Delia Ramirez of Illinois, Representative Donald S. Beyer Jr. of Virginia, Representative Steve Cohen of Tennessee, Representative Jasmine Crockett of Texas, Representative Ilhan Omar of Minnesota and Representative Veronica Escobar of Texas.

Politics

Trump wants to visit China again after he takes office: report

Published

4 hours ago

January 18, 2025

Press Room

Trump wants to visit China again after he takes office: report

President-elect Trump is discussing the possibility of visiting China again as president with aides, according to a report.

The incoming president, who takes office on Monday, visited Beijing during his first term in 2017, and spoke to Chinese President Xi Jinping over the phone on Friday.

Trump has been threatening China with tariffs but has told advisers that he wants to strengthen ties with the communist country with the visit, possibly even traveling there within his first 100 days in office, the Wall Street Journal reported, citing sources familiar with the matter.

“I just spoke to Chairman Xi Jinping of China. The call was a very good one for both China and the U.S.A.,” Trump wrote on Friday on Truth Social. “It is my expectation that we will solve many problems together, and starting immediately. We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!”

HOUSE DEMS THREATEN TO BLOCK TRUMP’S BIG TARIFF PLANS: ‘UNACCEPTABLE’

President-elect Trump is discussing the possibility of visiting China again as president with aides, according to WSJ report. (Qilai Shen/Bloomberg via Getty Images)

He didn’t say if they had spoken about a visit.

Fox News Digital has reached out to the Trump transition team for comment.

It is also possible Xi could come to the White House for a visit, the Journal reported.

TRUMP LEAVES CHINA GUESSING WHAT HIS NEXT MOVE IS WITH UNUSUAL INAUGURATION INVITATION

Then-President Trump shakes hands with Chinese President Xi Jinping at the Great Hall of the People in Beijing, China, Nov. 9, 2017. (Qilai Shen/Bloomberg via Getty Images)

Xi also met with Trump at Mar-a-Lago in Florida in 2017.

Xi was invited to Trump’s Monday inauguration – no senior Chinese official has ever attended a U.S. presidential inauguration – but Chinese Vice President Han Zheng will be attending instead, in a first.

Trump and Xi plan to establish a strategic communication channel, China said of their Friday phone call, adding that Trump said he was “looking forward to meeting with President Xi as soon as possible.”

Chinese Vice President Han Zheng will attend Trump’s inauguration. ( Lionel Ng/Bloomberg via Getty Images)

Trump has also mentioned the possibility of going to India to aides, the Journal reported.

Politics

Trump expected to survey Los Angeles-area wildfire damage next week

Published

4 hours ago

January 18, 2025

Press Room

Trump expected to survey Los Angeles-area wildfire damage next week

WASHINGTON — President-elect Donald Trump will likely visit the Los Angeles area next week to view the wildfire damage, he said on Saturday. The trip is expected to be his first outside the nation’s capital after being inaugurated Monday.

“I will be, probably, at the end of the week. I was going to go, actually yesterday, but I thought it would be better if I went as president,” Trump told NBC’s Kristen Welker in a phone interview. “It’s a little bit more appropriate, I suspect.”

Representatives for Trump did not respond to requests for comment on Saturday.

At least 27 people have died and more than 12,000 structures have been destroyed during the catastrophic fires in Pacific Palisades, Altadena and surrounding communities. Asked whether he would sign disaster relief for the region after being inaugurated, Trump said his response will be conditioned to demand policy changes in California.

“We’re going to be [looking] at it from a lot of standpoints,” he said. “We’re going to be demanding that the water be released from the north into the lower parts of California.”

Asked whether he has spoken with Gov. Gavin Newsom, who Trump has called on to resign over his wildfire response, the president-elect said he had not.

Newsom’s office invited Trump to view the devastation last week.

The governor’s office said that the president-elect’s transition team acknowledged receipt of the invitation but had not otherwise responded.

“As our invitation says, we hope Trump comes to California to see the devastation, to meet firefighters and survivors, and to get the facts instead of sniping from the sidelines,” the governor’s office said in a statement Saturday.

Times staff writer Taryn Luna in Sacramento contributed to this report.