Washington — The Maine Superior Court on Wednesday cleared the way for former President Donald Trump to appear on the state's Republican presidential primary ballot for now, sending a dispute over his eligibility for a second term back to the secretary of state for further proceedings once the U.S. Supreme Court issues a ruling in a similar case from Colorado.
In a 17-page order, Justice Michaela Murphy, who sits on the superior court in Augusta, said that a December decision from Secretary of State Shella Bellows, a Democrat, should remain on hold until the Supreme Court renders its decision in the Colorado dispute.
Noting that Maine's primary is scheduled for March 5, Murphy wrote that "unless the Supreme Court before that date finds President Trump disqualified to hold the office of president, eligible Maine voters who wish to cast their vote for him in the primary will be able to do so, with the winner being determined by ranked-choice voting."
She said that Maine law grants her the authority to send the matter back to Bellows and order her to issue a new ruling once the Supreme Court decides the Colorado case.
According to a recent statement by Judge Murphy, the federal issues raised in the dispute make it unwise for the court to be the first in Maine to address them.
"The acceptance of the Colorado case by the United States Supreme Court changes the order in which these issues should be decided and by which court," she stated. "Hopefully, the Supreme Court will clarify the role of state decision-makers in adjudicating claims of disqualification brought under Section Three of the 14th Amendment."
The Maine Case Background
Trump requested the Maine Superior Court to review the decision made by Bellows, who determined that he is not qualified to hold the presidency under Section 3 of the 14th Amendment. This provision, enacted after the Civil War, prohibits individuals who swear an oath to support the Constitution and then engage in insurrection against it from holding public office.
In response to two challenges to Trump's candidacy under Section 3, Bellows concluded that Trump incited insurrection by encouraging his supporters to disrupt Congress' certification of the 2020 election by marching to the Capitol.
The Events of January 6, 2021: An Unprecedented Attack on the Rule of Law
"The events of January 6, 2021 were unprecedented and tragic. They were an attack not only upon the Capitol and government officials, but also an attack on the rule of law," she wrote. "The evidence here demonstrates that they occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and Section 336 requires me to act in response."
Maine Election Official Rules Trump Ineligible for Primary Ballot
Bellows was the first and only state election official to unilaterally find Trump is not eligible for the state's primary ballot, though she paused the effect of her decision to allow him to appeal to the superior court. Maine and a dozen other states will hold their primary elections on March 5.
The former president had urged the court to toss out Bellows' ruling and require her to immediately place his name on the primary ballot. Trump's legal team alleged that Bellows was a "biased decisionmaker" who should've recused herself from the matter and said she had no legal authority under Maine law to consider the constitutional issues raised by the voters contesting his eligibility for office.
Bellows' ruling, Trump's lawyers wrote in a filing to the Superior Court, "was the product of a process infected by bias and pervasive lack of due process." They also argued that even if Maine law allowed the secretary of state to consider challenges to Trump's candidacy under Section 3, she could not have done so, under the theory that the provision requires congressional legislation to give it effect and does not bar a candidate from running for office.
Trump's legal team further argued that the measure does not apply to the presidency or those who have sworn the presidential oath and contested that he engaged in insurrection.
"For the first time in our nation's history, a secretary of state has taken it upon herself to take away the choice of who should be a major party's nominee for president of the United States from the people, based on Section 3 of the 14th Amendment," his lawyers wrote. "This usurpation of the power of the people of Maine to choose their own political leaders is contrary to both state and federal law, including the Constitution of the United States."
Bellows refuted Trump's allegation that she was biased against him, writing in court papers that she conducted an impartial hearing on the matter of his eligibility. Lawyers for the state also argued that the text of Section 3 does not include any requirement for Congress to pass enforcement legislation.
"Mr. Trump knowingly incited an attack on the Capitol to prevent the peaceful transfer of power," they told the superior court. "The record is such that the secretary — consistent with the deferential standard of review — permissibly concluded that Mr. Trump engaged in insurrection and is accordingly not qualified for the office of the president by operation of Section 3 of the 14th Amendment."
The Supreme Court will be deciding on whether Trump is eligible for a second term in the White House. This comes after the Colorado Supreme Court ruled that he is disqualified from holding the presidency. It is the first time that Section 3 has been used to render a presidential candidate ineligible. Trump has been given time to appeal the decision. The ruling from the U.S. Supreme Court will have implications on whether Trump can be listed on the primary ballot not only in Colorado, but across the entire country. A decision is expected soon after arguments on Feb. 8.
