In a report disclosed by Raw Story on December 30, 2023, attorney Shan Wu has issued a compelling advisory to the Supreme Court regarding the potential exclusion of Donald Trump from the 2024 ballot in multiple states, urging the court to resist intervening. Wu’s insights, expressed in a recent column for the Daily Beast, delve deeply into the intricate balance between state autonomy and federal oversight in electoral matters.
Amid the nation’s grappling with the aftermath of the 2020 election and its consequential impact on future contests, Wu argues that the current system is efficiently operational. Asserting that as long as state officials adhere to their respective laws and apply the 14th Amendment appropriately, he contends that the Supreme Court need not involve itself in the matter.
Central to Wu’s argument is the principle of federalism, emphasizing the primary authority wielded by states in administering federal elections, while Congress concurrently holds the power to regulate the electoral process. He highlights the natural divergence in eligibility criteria and voting procedures across states as an inherent outcome of this decentralized system.
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Expressing a clear stance, Wu stresses that the disqualification of former President Donald J. Trump under Section 3 of the 14th Amendment is progressing as it should, underscoring the significance of permitting state-level decisions to evolve naturally. His cautionary advice to the justices echoes loudly: steer clear of becoming entangled in politically charged disputes.
Wu posits that by refraining from intervention, the Supreme Court can safeguard its reputation from further erosion. He argues that the ongoing state-level processes are fundamentally sound and advises the high court to exercise discretion in abstaining from taking up these cases.
Advocating for the Supreme Court to refrain from assuming the ultimate arbiter role in these matters, Wu asserts that such restraint would not only prevent a repeat of the court’s controversial interference in the 2000 presidential election but also uphold its credibility.
His call aligns with the necessity for the Supreme Court to maintain a measured distance from politically sensitive disputes, especially those concerning electoral processes. Wu urges the justices to respect states’ autonomy in managing their elections and emphasizes the judicious wielding of discretion when considering cases for adjudication.
