Maine’s Supreme Court has opted not to review the decision by the state’s Secretary of State, Shenna Bellows, to exclude former President Donald Trump from the presidential primary ballot, as reported by The Epoch Times on January 25, 2024.
Citing the final judgment rule—a legal principle requiring a trial court’s decision to be final before an appeal can be considered—the court has sent the case back to the Maine Superior Court for further proceedings. The outcome is pending a similar case in Colorado, currently under review by the U.S. Supreme Court.
In a written statement, the justices emphasized the importance of adhering to the final judgment rule, stating that deciding the matter on its merits before a final judgment would risk issuing an advisory opinion. This principle aims to prevent appellate courts from making decisions on issues that might become moot or irrelevant.
The decision underscores the complexity and sensitivity of legal issues surrounding election decisions, particularly when intersecting with constitutional questions. The court acknowledged that their decision might not be final, contingent on the U.S. Supreme Court’s ruling in the Colorado case.
On January 17, the Maine Superior Court ruled that the U.S. Supreme Court’s decision in the Colorado case could determine Trump’s eligibility on the ballot. Secretary Bellows promptly appealed, arguing for a quick resolution due to impending state primary ballot deadlines. The Supreme Court justices, however, chose not to expedite the review.
Maine Attorney General Aaron Frey urged expedited decision-making, emphasizing the time-sensitive nature of the impending primary ballot deadlines. The court was unconvinced, dismissing concerns about causing confusion among voters during the primary.
Secretary Bellows, who had temporarily stayed her decision pending a higher court ruling, plans to lift the stay if the U.S. Supreme Court doesn’t settle the issue before Maine’s primary on March 5. This could result in President Trump being removed from the ballot after early voting ballots have been sent out.
The legal saga involves challenges to Trump’s eligibility under Section 3 of the 14th Amendment in 30 states. While most state secretaries have refrained from taking an official position on the candidate’s eligibility, Bellows argues that Maine law compels her to address the issue, even if it involves adjudicating matters related to “insurrection.”
In opposing Trump’s appeal, Bellows contends that he knowingly incited an attack on the Capitol, qualifying as insurrection and disqualifying him from holding the office of the President. Trump’s legal representatives counter that Secretary Bellows lacks the authority to rule on his eligibility.
