Maine's Democratic Secretary of State, Shenna Bellows, removed former US president Donald Trump from the state's presidential primary ballot, citing the Constitution's insurrection clause. This unilateral decision comes as the U.S. Supreme Court is set to determine whether Trump remains eligible to continue his campaign, news agency Associated Press reported. Bellows' action follows a similar ruling by the Colorado Supreme Court earlier this month, which suspended Trump from the ballot under Section 3 of the 14th Amendment, a decision currently pending review by the U.S. Supreme Court.


Section 3 prohibits individuals who "engaged in insurrection" from holding office, AP's report mentioned.


The Trump campaign has expressed its intention to appeal Bellows' decision to Maine's state courts. Bellows, in response, has suspended her ruling until the state courts provide their judgment. Ultimately, the U.S. Supreme Court is expected to have the final say on Trump's eligibility in Maine and other states.


Bellows justified her decision by asserting that Trump's involvement in the January 6, 2021, attack on the U.S. Capitol violated Section 3, which bars individuals who participated in insurrection from seeking office. "I do not reach this conclusion lightly... no presidential candidate has ever before engaged in insurrection," she stated, as quoted by the report.


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The Trump campaign strongly criticised the ruling, with spokesperson Steven Cheung stating, "We are witnessing, in real-time, the attempted theft of an election and the disenfranchisement of the American voter."


According to AP, Legal experts emphasised the need for the U.S. Supreme Court to provide clarity on Section 3, as these decisions are likely to continue emerging until decisive guidance is offered.


While Maine only holds four electoral votes, it is one of two states that split them. Trump's absence from the ballot in Maine could have significant implications, especially if he emerges as the Republican general election candidate.


Bellows acknowledged the probable final word from the U.S. Supreme Court but asserted the importance of fulfilling her official duty. Former state lawmakers who petitioned the case praised her decision, emphasising that "no elected official is above the law or our constitution."


However, Maine's House Republican leader, Billy Bob Faulkingham, denounced the decision as a "sham" and compared it to actions in "Third World dictatorships," expressing confidence that it would not withstand legal scrutiny, as per AP.


The Trump campaign had previously requested Bellows to disqualify herself from the case, alleging bias due to her past tweets. Bellows refused, stating that her decision was solely based on the evidence presented during the hearing, the report mentioned.


The U.S. Supreme Court's timing for a decision is uncertain, but both parties are pushing for an expedited process. Colorado's Republican Party and Trump are expected to file appeals soon. Petitioners in the Colorado case have urged the Supreme Court to adopt an accelerated schedule to rule before March 5, known as Super Tuesday.


Section 3 cases are considered tailor-made for the Supreme Court, addressing a governance area with limited judicial guidance. The clause was added in 1868 to prevent defeated Confederates from returning to power, and its recent revival follows the Capitol attack on January 6, 2021.


According to AP, legal historians note that the provision was rarely used in the 20th Century but has gained traction in recent cases. Critics warn of potential unexpected consequences, suggesting it could be weaponised in ways that extend beyond its original intent, the report stated.


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