A twist of fate, Donald Trump’s bid for the 2024 election is tangled in a legal web dating back to a 1968 case. A recent report by Newsweek on December 8, 2023, reveals that Trump’s eligibility is under scrutiny, with echoes of Eldridge Cleaver’s past exclusion haunting the current situation.
The 1968 ruling, rooted in Cleaver’s presidential bid, poses a potential obstacle for Trump across multiple states. The debate centers on a Colorado Supreme Court case triggered by lower court findings linking Trump to the January 6, 2021, U.S. Capitol riot.
Despite allegations, the lower court allowed Trump’s ballot placement, citing uncertainty regarding whether the ban on insurrectionists holding office extended to the presidency. Trump vehemently denies any wrongdoing, dismissing the case as a politically motivated witch hunt.
More Read
Legal scholar Derek T. Muller from the University of Notre Dame has entered the fray, submitting a briefing to the Colorado Supreme Court. Muller points to historical instances where presidential candidates were barred due to constitutional ineligibility, drawing parallels to Cleaver’s case.
Muller’s brief underscores Eldridge Cleaver’s 1968 bid, where California excluded him from the ballot due to age. Despite potential eligibility during the presidential term, the exclusion stood, a decision upheld by the United States Supreme Court.
Speaking to Newsweek, Muller emphasizes the historical precedent’s significance, suggesting it may unfavorably impact Trump’s case. He counters Trump’s claims by highlighting states’ historical authority to judge candidate qualifications.
Muller draws attention to Cleaver’s later shift away from radicalism to join the Republican Party, offering a potential parallel to Trump’s current situation. Other instances, such as Linda Jenness in 1972 and Róger Calero in 2008, serve as additional references for candidates being excluded.
The pivotal November ruling in Colorado allowed Trump on the primary ballot, leveraging uncertainties around a Civil War-era amendment. However, the recent oral arguments on December 6 at the Colorado Supreme Court intensify uncertainties about Trump’s ballot eligibility.
Muller suggests a slim chance that the court might exclude Trump, potentially impacting his prospects in the crucial swing state. He cautions about the complexity of the legal battle, where any single aspect in Trump’s favor could strengthen his case.
As the court deliberates the appeals, the outcome not only affects Trump’s candidacy but also shapes the electoral landscape in this pivotal state, casting a shadow on the approaching 2024 elections. The decision hangs delicately between historical precedent and contemporary constitutional interpretation, setting the stage for a potential political reshaping.
