Donald Trump’s legal team has filed a petition to appeal the decision of Maine’s Secretary of State, Shenna Bellows, to exclude him from the state’s primary election ballot. The team contends that Bellows, who previously ruled on the decision, did not afford Trump his rightful due process. As evidence of prejudice, they point to her use of social media to label the events of January 6th as an ‘insurrection’ ahead of any official congressional report, and her past employment as an attorney for the American Civil Liberties Union (ACLU).
Furthermore, Trump’s legal team argued Bellows lacked the statutory authority to rule on the sophisticated issues she raised under Section 3 of the 14th amendment. They believe such matters should not be executed by state officials. Also, they claimed that Bellows behaved in an arbitrary and capricious manner, stating that Trump has not been formally accused of insurrection.
Section 3 of the 14th Amendment, added post-Civil War to deter Confederates from reentering government offices, dictates that anyone pledging to support the Constitution and subsequently participating in an insurrection against it becomes ineligible to serve. Historical evidence and precedent both confirm that an individual does not need a criminal conviction to be disqualified under this section.
In light of this, Trump’s lawyers argue that section 3 does not apply, claiming that Trump was never an ‘officer of the United States’ and did not take an oath to support the Constitution. They further stated that the Secretary of State relied solely on Trump’s speeches, which they claim did not instigate an insurrection and are protected under the 1st amendment.
In a ruling dated December 28th, Bellows stated that the Congressional January 6th report could serve as evidence in deciding ‘severe matters before the court’. Owing to similar rulings in Maine and Colorado, as well as 17 pending cases in other states, the US Supreme Court is anticipated to clarify the constitutional sections for the first time.
The Republican primary in Maine is scheduled for Super Tuesday, March 5th.