• Without clear guidance from the Court, House Democrats suggest that they might not certify a Trump win on January 6.

Near the end of the Supreme Court’s oral arguments about whether Colorado could exclude former President Donald Trump from its ballot as an insurrectionist, the attorney representing voters from the state offered a warning to the justices — one evoking the January 6 riot that had set the case in motion.

By this point in the hearing, the justices had made clear that they didn’t like the idea of allowing a single state to kick Trump out of the presidential race, and they didn’t appear comfortable with the Court doing so either. Sensing that Trump would likely stay on the ballot, the attorney, Jason Murray, said that if the Supreme Court didn’t resolve the question of Trump’s eligibility, “it could come back with a vengeance” — after the election, when Congress meets once again to count and certify the votes of the Electoral College.

Murray and other legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him. Their choice could be decisive: As their victory in a House special election in New York last week demonstrated, Democrats have a serious chance of winning a majority in Congress in November, even if Trump recaptures the presidency on the same day. If that happens, they could have the votes to prevent him from taking office.

Source: Russell Berman, theatlantic.com/politics/archive/2024/02/democrats-congress-trump-january-6/677545/