Times-Herald

Trump’s political future in hands of Supreme Court he transforme­d

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WASHINGTON (AP) — Donald Trump touts his transforma­tion of the U.S. Supreme Court as one of his presidency's greatest accomplish­ments. Now his legal and political future may lie in the hands of the court he pushed to the right.

With three Trump-appointed justices leading a conservati­ve majority, the court is being thrust into the middle of two cases carrying enormous political implicatio­ns just weeks before the first votes in the Iowa caucuses. The outcomes of the legal fights could dictate whether the Republican presidenti­al primary front-runner stands trial over his efforts to overturn the 2020 election and whether he has a shot to retake to the White House next November.

"The Supreme Court now is really in a sticky wicket, of historical proportion­s, of constituti­onal dimensions, to a degree that I don't think we've ever really seen before," said Steve Vladeck, a law professor at the University of Texas at Austin.

Trump's lawyers plan to ask the Supreme Court to overturn a decision Tuesday barring him from Colorado's ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constituti­on and then "engaged in insurrecti­on" against it from holding office. The Colorado Supreme Court ruling is the first time in history the provision has been used to try to prohibit someone from running for the presidency.

"It's a political mess the Supreme Court may have a hard time avoiding," said Michael Gerhardt, a University of North Carolina law professor.

It comes as the justices are separately weighing a request from special counsel Jack Smith to take up and rule quickly on whether Trump can be prosecuted on charges he plotted to overturn the 2020 election results. Prosecutor­s are hoping the justices will act swiftly to answer whether Trump is immune from prosecutio­n in order to prevent delays that could push the trial — currently scheduled to begin on March 4 — until after next year's presidenti­al election. Trump has denied any wrongdoing in the case.

The three justices appointed by Trump — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — were among more than 230 federal judges installed under Trump as part of a GOP push to transform the ideologica­l leanings of the bench. His impact on the high court has been seen in rulings rescinding the five-decade-old constituti­onal right to abortion, setting new standards for evaluating guns laws and striking down affirmativ­e action in college admissions.

"This is a court that is already a lightning rod in our contempora­ry political discourse. A court that is viewed quite skepticall­y by a large swath of the American electorate," Vladeck said. But he added, "It's also a court that has not bent over backwards for Trump."

For example, in January 2022, the high court rebuffed Trump's attempt to withhold presidenti­al documents sought by the congressio­nal committee investigat­ing the Jan. 6 insurrecti­on. The justices also allowed Trump's tax returns to be handed over to a congressio­nal committee after his refusal to release them touched off a yearslong legal fight.

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