The Supreme Court's decision was expected. But its unanimous decision, a rare phenomenon, sends a powerful message. On Monday, March 4, the nine justices of the highest court in the United States rejected the idea of excluding Donald Trump from the race for the Republican nomination. This disqualification had first been pronounced in December by the Colorado Supreme Court, due to the former president's involvement in the January 6, 2021 insurrection at the Capitol.
It is yet another victory for Trump in his multi-hurdled judicial journey. Indicted in four cases, his goal remains unchanged: to slow down the course of investigations to prevent the holding of trials before the presidential election in November.
At midday, Trump gave a speech at his home in Mar-a-Lago, Florida, broadcast by all the news channels. Projecting himself into the duel against President Joe Biden, he adopted a deliberately more conciliatory and measured tone than in his rallies. Trump repeatedly called the Supreme Court decision a "unifying factor" for the country. "Fight your fight yourself," Trump called out to Biden, yet again alleging the Democrat was instrumentalizing the judiciary. He also "respectfully" suggested that the president return to his old policies for securing the border with Mexico, instead of appealing to Congress.
The victory handed down by the Supreme Court comes on the eve of Super Tuesday, a major moment in the primaries, during which Republican voters will head to the polls in 15 states. The evening should consolidate the favorite's lead at the expense of Nikki Haley, whose continued presence in the race looks increasingly precarious. Trump can also congratulate himself on a series of favorable national polls, which show a lead of around two points over Biden, but have no scientific value, with eight months to go.
There is another important caveat: the Supreme Court's decision in no way addresses the merits – Trump's involvement in the attempt to sabotage the peaceful transition of power. The former president has not been cleared. The nine justices stuck to a reading of the balance of power between the federal government, Congress and the states. This point is crucial, as it preserves both the integrity of the investigation led by Special Counsel Jack Smith, and the central argument of Biden's re-election campaign: Trump represents an existential threat to American democracy.
The Supreme Court merely settles a legal dispute over Section 3 of the 14th amendment to the Constitution, which was invoked by Colorado to justify the candidate's exclusion. Section 3, drafted after the Civil War in 1868, had been at the heart of the debate before the Court on February 8. During the hearings, the Court's members had been openly skeptical. That observation was confirmed by the decision published on Monday.
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