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      Would Keeping Trump Off the Ballot Hurt or Help Democracy?

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      Some critics say the battles over the former president’s ballot status are turning him into a martyr and eroding faith in American elections.As the top elections official in Washington State, Steve Hobbs says he is troubled by the threat former President Donald J. Trump poses to democracy and fears the prospect of his return to power. But he also worries that recent decisions in Maine and Colorado to bar Mr. Trump from presidential primary ballots there could backfire, further eroding Americans’ fraying faith in U.S. elections.“Removing him from the ballot would, on its face value, seem very anti-democratic,” said Mr. Hobbs, a Democrat who is in his first term as secretary of state. Then he added a critical caveat: “But so is trying to overthrow your country.”Mr. Hobbs’s misgivings reflect deep divisions and unease among elected officials, democracy experts and voters over how to handle Mr. Trump’s campaign to reclaim the presidency four years after he went to extraordinary lengths in an attempt to overturn the 2020 election. While some, like Mr. Hobbs, think it best that voters settle the matter, others say that Mr. Trump’s efforts require accountability and should be legally disqualifying.Challenges to Mr. Trump’s candidacy have been filed in at least 32 states, though many of those challenges have gained little or no traction, and some have languished on court dockets for months.The decisions happening right now come amid a collapse of faith in the American electoral system, said Nate Persily, a Stanford Law School professor who specializes in election law and democracy.“We are walking in new constitutional snow here to try and figure out how to deal with these unprecedented developments,” he said.Washington Secretary of State Steve Hobbs at a debate in 2022.Ted S. Warren/Associated PressProfessor Persily and other legal experts said they expected the United States Supreme Court would ultimately overturn the decisions in Colorado and Maine to keep Mr. Trump on the ballot, perhaps sidestepping the question of whether Mr. Trump engaged in an insurrection. Mr. Persily is hopeful that whatever ruling the court issues will bring clarity — and soon.“This is not a political and electoral system that can deal with ambiguity right now,” he said.Mr. Trump and his supporters have called the disqualifications in Maine and Colorado partisan ploys that robbed voters of their right to choose candidates. They accused Democrats of hypocrisy for trying to bar Mr. Trump from the ballot after campaigning in the past two elections as champions of democracy.After the Colorado Supreme Court ruled that Mr. Trump should be removed from the state’s primary ballot, Senator J.D. Vance, Republican of Ohio, said in a statement: “Apparently democracy is when judges tell people they’re not allowed to vote for the candidate leading in the polls? This is disgraceful. The Supreme Court must take the case and end this assault on American voters.”Chris Christie, the former governor of New Jersey and Mr. Trump’s most ardent critic in the Republican primary, warned that Maine’s decision would turn Mr. Trump into a “martyr.”But other prominent critics of Mr. Trump — many of them anti-Trump Republicans — said the threat he posed to democracy and his actions surrounding the Jan. 6 attack on the Capitol now required an extraordinary intervention, whatever the electoral consequences.The challenges are based on a Reconstruction Era provision of the 14th Amendment that prohibits anyone who has engaged in rebellion or insurrection from holding federal or state office.Former President Donald Trump spoke at an event in Reno, Nevada, this month.Max Whittaker for The New York TimesJ. Michael Luttig, a retired conservative federal appeals court judge, hailed Colorado and Maine’s decisions as “unassailable” interpretations of the Constitution. Officials in Maine and Colorado who disqualified Mr. Trump from the ballot have written that their decisions stemmed from following the language of the Constitution.But on a recent sunny Friday afternoon in the Echo Park neighborhood of Los Angeles, Deena Drewis, 37, a copy writer, and Aaron Baggaley, 43, a contractor, both of whom have consistently voted for Democrats, expressed a queasy ambivalence over such an extraordinary step.“I’m really just conflicted,” Mr. Baggaley said. “It’s hard to imagine he didn’t fully engage in insurrection. Everything points to it. But the other half of the country is in a position where they feel like it should be up to the electorate.”Officials in Democratic-controlled California have shown little appetite for following Colorado and Maine. California’s Democratic secretary of state, Shirley Weber, announced on Thursday that Mr. Trump would remain on the ballot, and Gov. Gavin Newsom dismissed calls by other Democrats to remove him. “We defeat candidates at the polls,” Mr. Newsom said in a statement. “Everything else is a political distraction.”In interviews, some voters and experts said it was premature to disqualify Mr. Trump because he had not been criminally convicted of insurrection. They worried that red-state officials could use the tactic to knock Democratic candidates off future ballots, or that the disqualifications could further poison the country’s political divisions while giving Mr. Trump a new grievance to rail against.“Attempts to disqualify demagogues with deep popular support often backfire,” said Yascha Mounk, a professor and political scientist at Johns Hopkins University who has written about threats to democracies. “The only way to neutralize the danger posed by authoritarian populists like Donald Trump is to beat them at the ballot box, as decisively as possible and as often as it takes.”Shenna Bellows, Maine’s secretary of state, in January. Robert F. Bukaty/Associated PressThe decisions by Colorado’s highest court and Maine’s secretary of state barring Mr. Trump from state primary ballots are on hold for now and are likely to be decided by the U.S. Supreme Court.While most of the challenges to Mr. Trump’s candidacy have been proceeding in federal or state courts, Maine’s constitution required the voters seeking to disqualify Mr. Trump to file a petition with the secretary of state, putting the politically volatile and hugely consequential decision into the hands of Secretary of State Shenna Bellows, a Democrat.Her counterparts in other states said that they had spent months discussing whether they could face a similar decision, and that they had been talking with other elections officials and their legal teams about the thickets of state laws governing each state’s elections.In Washington State, Mr. Hobbs said he did not believe he had the power as secretary of state to unilaterally remove Mr. Trump from the ballot. He was relieved, he said, because he did not think one person should have the power to decide who qualifies to run for president.The stakes for the nation were enormous, Mr. Hobbs said, because of the damage Mr. Trump had already done to faith in the nation’s elections.“It’s hard to put the genie back in the bottle,” he said. “This is going to be a long-term effort to try to regain trust among those who have lost it.”Jena Griswold, Colorado’s Democratic secretary of state, said in an interview this week that she supported decisions by Ms. Bellows and the Colorado Supreme Court to remove Mr. Trump from the ballot.Election workers and secretaries of state have increasingly become the targets of conspiracy theorists and violent threats since Mr. Trump’s refusal to accept his 2020 defeat; Ms. Griswold said she had received 64 death threats since the lawsuit seeking to remove Mr. Trump from the ballot was filed by six Republican and unaffiliated voters in Colorado.“All of us swear to uphold our state constitution and the U.S. Constitution,” Ms. Griswold said. “Making these decisions takes bravery and courage.”Her office announced this week that, because Mr. Trump’s case had been appealed, his name would be included on Colorado’s primary ballots unless the U.S. Supreme Court said otherwise or declined to take up his case.In Arizona, placing Mr. Trump on the ballot was a more cut-and-dry decision, said Adrian Fontes, the Democratic secretary of state. He said that state law required him to list any candidate who had been certified in two other states.He called the blizzard of legal rulings, dissents and contradictory opinions swirling around Mr. Trump’s place on the ballot a “slow rolling civics lesson” that demonstrated the country’s democratic resilience.“I kind of celebrate the notion it’s complicated,” he said. “We’re having this conversation because that’s what democracy is about.”Mitch Smith More

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      Debbie Dingell: Why Standing Up to Trump Is Worth the Pain

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      “Rot in hell.”Those words were part of Donald Trump’s Christmas Day message, spewed at his political enemies. The next day, when I was asked during a CNN interview about the increased violence in this country, I responded honestly that I thought the former president’s message was wrong and divisive. I’m not afraid to say what I think, even when that means there may be unpleasant repercussions and threats from the former president and his supporters. A lot of us may face this type of conflict in the year ahead. I am particularly familiar with this, as Mr. Trump has targeted me in the past in ways that have been very difficult.I was married to a great and wise man with whom I shared an incredible love for decades. I miss John every day. On the day that he died, in 2019, he dictated an op-ed to me that would be titled “My Last Words for America.” He observed, “In our modern political age, the presidential bully pulpit seems dedicated to sowing division and denigrating, often in the most irrelevant and infantile personal terms, the political opposition.” Months after his death, when I voted for the first articles of impeachment against President Trump, he launched into a brutal attack saying that John was “looking up” at me (implying he was in hell). That’s the Trump way — the cruelty is the point, yet that awareness doesn’t make it any less painful. We’re human. He knows that, and he thrives on it.I am not seeking a fight with Mr. Trump. It’s not easy to tangle with him, especially after that experience involving John. But I do know that hateful rhetoric cannot be ignored or become normalized. We have to stand up to bullies in this country, and we have to call out indignities. My bluntness about “rot in hell” being unacceptable was my unfiltered reaction and I stand by it. In my view, the only way you can deal with bullies is to consistently call out their inexcusable behavior and stand in defense of those they choose to target. Trust me, I know it can wear you down — but we can’t grow tired, and we must push back on the hatred when we see it, calling it out, using language everyone understands and in ways that prevent it from seeping into our everyday lives and routines.Being in Mr. Trump’s tunnel of hate is not enjoyable. Frankly, it’s often frightening. Like many of my colleagues, I have received hostile calls, antagonistic mail and death threats, and I have had people outside my home with weapons. And it reflects the vitriol, bullying, rage and threats we are witnessing across the country today — from our exchanges on social media to dialogue with each other and with those in our workplaces, schools, gathering places, families and communities. It’s a real danger to our democracy and our safety.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Trump’s Team Prepares to File Challenges on Ballot Decisions Soon

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      The cases in Colorado, Maine and other states are requiring former President Donald J. Trump to devote resources already spread thin across four criminal indictments.Former President Donald J. Trump’s advisers are preparing as soon as Tuesday to file challenges to decisions in Colorado and Maine to disqualify Mr. Trump from the Republican primary ballot because of the Jan. 6, 2021, attack on the Capitol, according to a person familiar with the matter.In Maine, the challenge to the secretary of state’s decision to block Mr. Trump from the ballot will be filed in a state court. But the Colorado decision, which was made by that state’s highest court, will be appealed to the U.S. Supreme Court, which is likely to face fresh pressure to weigh in on the issue.On Thursday, Maine became the second state to keep Mr. Trump off the primary ballot over challenges stemming from Section 3 of the 14th Amendment to the Constitution, which states that any officer of the United States who has taken an oath to uphold the Constitution cannot “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”“Every state is different,” Maine’s secretary of state, Shenna Bellows, told a local CBS affiliate on Friday morning. “I swore an oath to uphold the Constitution. I fulfilled my duty.”Mr. Trump has privately told some people that he believes the Supreme Court will overwhelmingly rule against the Colorado and Maine decisions, according to a person familiar with what he has said. But he has also been critical of the Supreme Court, to which he appointed three conservative justices, creating a supermajority. The court has generally shown little appetite for Mr. Trump’s election-related cases.Mr. Trump has expressed concern that the conservative justices will worry about being perceived as “political” and may rule against him, according to a person with direct knowledge of his private comments.Unlike with the Colorado decision, which caught many on Mr. Trump’s team by surprise, the former president’s advisers had anticipated the Maine outcome for several days. They prepared a statement in advance of the decision and had the bulk of their appeal filing written after the consolidated hearing that Ms. Bellows held on Dec. 15, according to a person close to Mr. Trump.The people who have filed ballot challenges have generally argued that Mr. Trump incited an insurrection when he encouraged supporters to whom he insisted the election was stolen to march on the Capitol while the 2020 electoral vote was being certified. The former president has been indicted on charges related to the eventual attack on the Capitol, but he has not been criminally charged with “insurrection,” a point his allies have repeatedly made.On his social media site, Truth Social, Mr. Trump has highlighted commentary from Democrats who have suggested discomfort with the ballot decisions.In Maine, the move was made unilaterally by Ms. Bellows after challenges were filed. Trump allies have repeatedly highlighted Ms. Bellows’s Democratic Party affiliation and the fact that she is not an elected official, but an appointed one.The twin decisions have created an uncertain terrain in the Republican nominating contest with elections in the early states set to begin on Jan. 15, with Iowa’s caucuses. Additional ballot challenges may be filed in other states, although so far several have fizzled.This week, a Wisconsin complaint trying to remove Mr. Trump from the ballot there was dismissed, and the secretary of state in California said Mr. Trump would remain on the ballot in that state. According to the website Lawfare, 14 states have active lawsuits seeking to remove Mr. Trump, with more expected to be filed. A decision is expected soon in a case in Oregon.The Colorado and Maine decisions require an additional focus of resources and attention for a Trump team that is already spread thin across four criminal indictments in four different states.But two people close to Mr. Trump, speaking on the condition of anonymity because they were not authorized to speak publicly, described that reality as already baked in for a Trump team that has been focused on legal issues for most of the last two years. They argued that, in the short term, the former president would see political benefits along the lines of what he saw when he was indicted: a rallying effect among Republicans.Mr. Trump and his team have tried to collapse these cases into a single narrative that Democrats are engaged in a “witch hunt” against him, and they have used the election suits to suggest that Democrats are interfering in an election — an attempt to turn the tables given that Mr. Trump’s monthslong effort to undermine the 2020 election is at the heart of legal and political arguments against him.“Democrats in blue states are recklessly and un-Constitutionally suspending the civil rights of the American voters by attempting to summarily remove President Trump’s name from ballots,” Mr. Trump’s spokesman, Steven Cheung, said in a statement to The New York Times.The ballot rulings have become another focus for the mainstream and conservative news media, chewing up time and attention that Mr. Trump’s primary rivals, who trail him by wide margins in polls, need in hopes of catching up.Chris Christie, the former governor of New Jersey who is among those challenging Mr. Trump for the nomination, told CNN that the decision “makes him a martyr,” adding, “He’s very good at playing ‘Poor me, poor me.’ He’s always complaining.”Because of a number of factors, it is unclear how much of a practical effect the efforts to remove Mr. Trump from primary ballots will have for the Republican nominating contest. In the case of Colorado, where the state’s top court reversed a lower-court ruling and declared Mr. Trump ineligible for the primary, he remains on the ballot while he asks the Supreme Court to intervene. More

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      Maine Law ‘Required That I Act’ to Disqualify Trump, Secretary of State Says

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      Barring former President Donald J. Trump from the primary ballot was a hard but necessary call, Shenna Bellows said in an interview.Before she decided to bar former President Donald J. Trump from Maine’s primary ballot, Shenna Bellows, the secretary of state, was not known for courting controversy.She began her career in public office as a state senator in 2016, winning in a politically mixed district. She prided herself on finding common ground with Republicans, an approach she said was shaped by growing up in a politically diverse family.As the former head of the state’s American Civil Liberties Union, Ms. Bellows did not shy away from divisive issues. But her ballot decision on Thursday was perhaps the weightiest and most politically fraught that she had faced — and it sparked loud rebukes from Republicans in Maine and beyond.In an interview on Friday, Ms. Bellows defended her decision, arguing that Mr. Trump’s incitement of the Jan. 6, 2021, attack on the U.S. Capitol made it necessary to exclude him from the ballot next year.“This is not a decision I made lightly,” Ms. Bellows, 48, said. “The United States Constitution does not tolerate an assault on the foundations of our government, and Maine election law required that I act in response.”Ms. Bellows, a Democrat, is among many election officials around the country who have considered legal challenges to Mr. Trump’s latest bid for the White House based on an obscure clause of the 14th Amendment that bars government officials who have engaged in “insurrection” from serving in the U.S. government.After holding a hearing this month in which she considered arguments from both Mr. Trump’s lawyers and his critics, Ms. Bellows explained her decision in a 34-page order issued on Thursday night.The ban, which is being appealed in the courts, made Maine the second state to disqualify Mr. Trump from the primary ballot next year. Colorado’s Supreme Court ruled last week that his efforts to remain in power after the 2020 election were disqualifying. Opponents of Mr. Trump are pursuing similar challenges in several other states.Lawyers on both sides of the dispute are calling on the U.S. Supreme Court to promptly issue a ruling on how election officials should interpret the insurrectionist clause of the 14th Amendment, which was adopted to bar Confederate officials from serving in the U.S. government after the Civil War.Mr. Trump’s campaign and Maine Republicans have called Ms. Bellows’s decision an overreach. The Maine Republican Party issued a fund-raising appeal that called Ms. Bellows “a biased Democrat Party hack unworthy of the high office she holds.”Maine’s two senators, Susan Collins, a Republican, and Angus King, an independent who generally votes with Democrats, also took issue with the ban, with Mr. King saying that “the decision as to whether or not Mr. Trump should again be considered for the presidency should rest with the people as expressed in free and fair elections.”Ms. Bellows said it was not uncommon for secretaries of state to bar candidates from the ballot if they did not meet eligibility requirements, and noted that she refused to allow Chris Christie, the former governor of New Jersey, to appear on the state’s Republican primary ballot after he failed to get enough signatures.Ms. Bellows, who became a powerful figure in a politically divided state, said she had managed to work collaboratively with Republicans. Though in interviews, longtime colleagues of Ms. Bellows said they were not surprised by her willingness to take a politically risky stance.“Secretary Bellows has a well-earned reputation for being an extremely hard worker who is willing to follow her conscience,” said Zach Heiden, the chief counsel at the A.C.L.U. in Maine who reported to Ms. Bellows when she led the organization from 2005 to 2013.At the A.C.L.U., Ms. Bellows championed same-sex marriage and expanding voting rights, and fought provisions of the Patriot Act and certain government surveillance programs after the Sept. 11 attacks. In 2014, after leaving the organization, Ms. Bellows launched an unsuccessful bid to unseat Ms. Collins, who has been in the Senate since 1997.“At first the Democratic establishment did not take her seriously,” said John Brautigam, a former Maine lawmaker. “But Shenna won the nomination and conducted a credible and issue-focused campaign.”In 2016, Ms. Bellows won a State Senate seat that included her hometown, Manchester. The district is politically mixed: It favored Barack Obama in 2008 and 2012, and Mr. Trump in 2016.While her politics have been decidedly liberal, Ms. Bellows said she had never seen herself as an extreme partisan. Shortly after becoming a state senator, Ms. Bellows said she found common ground with Republicans on several initiatives, including a bill making it easier to license medical professionals in the state.That approach to politics, she said, was shaped by growing up in a family that was politically split.“The key to my success in working across the aisle has always been the willingness to listen and hear both sides and to be open to what people have to say,” she said.In 2020, Ms. Bellows put herself forward as a candidate for secretary of state, a role that is chosen by the Legislature in Maine. Ms. Bellows said she sought the position because she saw it as an opportunity to safeguard democratic principles, key among them the right to vote.“As a kid, I had a copy of the Bill of Rights on my bedroom wall,” she said. These days, she said, she often carries a copy of the U.S. Constitution in her purse.The aftermath of the 2020 election deeply disturbed Ms. Bellows, who condemned Mr. Trump in posts on social media after an effort to impeach him failed.“He should have been impeached,” she wrote in February 2021. “But history will not treat him or those who voted against impeachment lightly.”Republicans have said that those remarks call into question her objectivity. But Ms. Bellows said her decision to remove Mr. Trump from the ballot was based solely on the facts and the law. She said a motto from her time at the A.C.L.U. had long guided her actions.“We had a saying: There are no permanent friends, no permanent enemies, just permanent principles,” she said. “That is a philosophy that I try to live my life by.” More

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      In Maine, Questions Over Decision to Push Trump Off the Ballot

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      Some voters were alarmed at the state’s decision to disqualify former President Donald J. Trump. But others applauded it. “I like that Maine took a stand,” said one.A day after Maine became the second state to bar former President Donald J. Trump from its primary ballot, citing his role in the Jan. 6 attack on the U.S. Capitol, voters who found themselves thrust into a national spotlight on Friday voiced reactions as varied and complex as the legal questions threaded through the decision itself.Peter Fickett, 74, who was repairing a car in downtown Kittery under wintry gray skies, said Maine’s secretary of state, Shenna Bellows, had overstepped her authority in finding that Mr. Trump was not qualified to serve as president.Standing beside him in the gloom, his friend Bob Dodier, 72, firmly but cheerfully disagreed. “I’m happy with it,” Mr. Dodier said of the decision.Both veterans, both former supporters of Mr. Trump who said they had grown weary of the frequent controversy he provoked, the two men said they were leaning toward voting for Nikki Haley, another Republican candidate, in next year’s election.This sprawling, rural state of 1.3 million people is often seen as politically divided, between its wealthier, more liberal-leaning southern and coastal portions, and its less populous, more conservative western and northern expanses. Hillary Clinton won the state in 2016, as President Biden did in 2020. But as one of just two states that can divide its four Electoral College votes between candidates, Maine did so in each of the last two elections, awarding one vote to Mr. Trump in 2016 and one in 2020 based on his robust support in one large voting district.Maine became the second state to bar Mr. Trump from its primary ballot.Max Whittaker for The New York TimesFaced with the ongoing election chaos — and the possibility that Maine’s Superior Court could soon reverse the secretary of state’s ruling on appeal — some residents, like Elizabeth Howard, 21, were opting to stay clear of the fray altogether.“I’m not big into politics because it’s a lot of drama,” she said after the Maine decision was announced, as she worked at the customer service counter at a tractor supply business in Waterville. “I think there’s a lot of people that are going to be upset, because there’s a lot of people that really liked Trump.”Yet many of those upset by the decision said their objections had nothing to do with loyalty to a candidate, but instead reflected their preference for a purely nonpartisan process — a process they now see as tainted by the move to push Mr. Trump off the ballot.Scott McDougall, a 54-year-old Maine native, retail manager and Marine Corps veteran, voted twice for Mr. Trump, but said he was undecided about supporting him again, because he had come to question the candidate’s priorities: “How loyal is he to what the country needs, versus his own needs?” He said Mr. Trump’s actions leading up to Jan. 6, 2021, were one of his reasons for worry.“But I don’t think the secretary of state has the right to decide for us who we’re going to vote for,” he said. “The state doesn’t have that type of power.”Elected officials in Maine voiced a similar mix of concerns. Representative Jared Golden, a Democrat who represents Lewiston and a vast area of rural northern Maine, said that while he had voted to impeach Mr. Trump over his actions before the Jan. 6 attack, he still believed that Mr. Trump should be allowed on the ballot for now.“I do not believe he should be re-elected as president of the United States,” Mr. Golden said in a statement. “However, we are a nation of laws, therefore until he is actually found guilty of the crime of insurrection, he should be allowed on the ballot.”But the state’s other House member, Representative Chellie Pingree, a Democrat who represents Portland, signaled her support for the decision.“The text of the 14th Amendment is clear,” she said in a statement, adding, “Our Constitution is the very bedrock of America and our laws, and it appears Trump’s actions are prohibited by the Constitution.”Representative Chellie Pingree, a Democrat who represents Portland, supported the decision to push Mr. Trump off the ballot.Robert F. Bukaty/Associated PressEthan Strimling, a former Democratic Portland mayor who teamed up with two former Republican lawmakers to file one of the successful challenges to Mr. Trump’s ballot access, said the reaction on Friday had been passionate and largely respectful, “even on Twitter.”“There are a lot of folks weighing in, and that’s as it should be,” he said. “There are people with politics close to mine who have real questions about the decision, and people very different from me who agree with it.”The outcome had seemed to bring about one key consensus, he said: “I think both sides are realizing that it’s a legitimate question that needs to be answered.”In the small town of Blue Hill, about halfway up Maine’s jagged, meandering coastline — not far from Hancock, where Ms. Bellows, the secretary of state, grew up — Richard Boulet hesitated before revealing his opinion of her decision. As director of Blue Hill’s public library, he is officially “apolitical,” he said; he wants all people, including Mr. Trump’s supporters and his detractors, to use the library and feel welcome there.“As a private citizen, however, there’s not much doubt in my mind that Donald Trump engaged in insurrection on Jan. 6,” said Mr. Boulet, 51, sitting at his desk upstairs in the brick library. “That is a real source of concern for me.” He cited Ms. Bellows’s former position as director of the American Civil Liberties Union of Maine, and added: “I don’t think she came to this decision lightly. It’s hard for me to see it as a partisan decision.”Three miles to the north, on the outskirts of town, Donald Bowden, 52, leaned against a door frame outside the automotive repair shop where he has worked for 37 years, R.W. Bowden & Sons Garage.Taking a short break, his hands black with grease, Mr. Bowden, who goes by Donny, said he learned the trade as a teenager under his father’s guidance; he is now the president of the company. His values, he said, are family first, then work, then rest and recreation.He said he was not political, but he was troubled by Ms. Bellows’s action.“It’s insane,” he said. “I think it’s a little unconstitutional, but they’re trying to use the constitution to defend it. It’s painfully obvious that it’s a witch hunt for anyone they don’t like. First and foremost, it’s very childish. If you don’t like someone, what do we do? Hound them and hound them and hound them nationwide. Common sense tells you this is not productive.”He said he would like to see Mr. Trump win again. The former president isn’t perfect, he said, “but he’s a businessman, and the country is a business, for better or worse.”Both Maine senators opposed the decision. Senator Susan Collins, a Republican, said in a statement that it would “deny thousands of Mainers the opportunity to vote for the candidate of their choice,” and that it should be undone.Senator Angus King, an independent, said in a statement that without a judicial determination that Mr. Trump was barred by Section 3 of the 14th Amendment, the clause on insurrection, the former president should remain on the ballot.“I like that Maine took a stand,” Michelle Bourne, 52, said. “It makes me proud. I think we took a stand for the good of the country.”Sophie Park for The New York TimesNear the town wharf in Kittery, however, Michelle Bourne, 52, was quietly celebrating a decision she saw as a win for a state that she said had not always been known for progressive thinking and leadership.“I like that Maine took a stand,” she said. “It makes me proud. I think we took a stand for the good of the country.”Ms. Bourne, a resident of New Gloucester and a registered independent, said she voted for Mr. Biden in the last election and was undecided about whom to support this time. But she saw no gray area in Ms. Bellows’s decision to keep a candidate accused of insurrection off the ballot.“It makes all the sense in the world to me,” she said. “I don’t even know why it’s a question.”Nicholas Bogel-Burroughs More

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      How the Supreme Court May Rule on Trump’s Presidential Run

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      The legal issues are novel and tangled, experts said, and the justices may be wary of knocking a leading presidential candidate off the ballot.The Supreme Court, battered by ethics scandals, a dip in public confidence and questions about its legitimacy, may soon have to confront a case as consequential and bruising as Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush.Until 10 days ago, the justices had settled into a relatively routine term. Then the Colorado Supreme Court declared that former President Donald J. Trump was ineligible to hold office because he had engaged in an insurrection. On Thursday, relying on that court’s reasoning, an election official in Maine followed suit.An appeal of the Colorado ruling has already reached the justices, and they will probably feel compelled to weigh in. But they will act in the shadow of two competing political realities.They will be reluctant to wrest from voters the power to assess Mr. Trump’s conduct, particularly given the certain backlash that would bring. Yet they will also be wary of giving Mr. Trump the electoral boost of an unqualified victory in the nation’s highest court.Chief Justice John G. Roberts Jr. will doubtless seek consensus or, at least, try to avoid a partisan split of the six Republican appointees against the three Democratic ones.He may want to explore the many paths the court could take to keep Mr. Trump on state ballots without addressing whether he had engaged in insurrection or even assuming that he had.Among them: The justices could rule that congressional action is needed before courts can intervene, that the constitutional provision at issue does not apply to the presidency or that Mr. Trump’s statements were protected by the First Amendment.“I expect the court to take advantage of one of the many available routes to avoid holding that Trump is an insurrectionist who therefore can’t be president again,” said Nicholas Stephanopoulos, a law professor at Harvard.Such an outcome would certainly be a stinging loss for Mr. Trump’s opponents, who say the case against him is airtight. But the Supreme Court would be attracted to what it would present as a modest ruling that allows Mr. Trump to remain on the ballot.“This is a fraught political issue,” said Derek Muller, a law professor at the University of Notre Dame. “I think there will be an effort for the court to coalesce around a consensus position for a narrow, unanimous opinion. That probably means coalescing around a position where Trump stays on the ballot.”If there is a consensus among legal experts, it is that the Supreme Court must act.“For the sake of the country, we need resolution of this issue as soon as possible,” said Richard L. Hasen, a law professor at the University of California, Los Angeles. “Republican primary voters deserve to know if the candidate they are considering supporting is eligible to run. Otherwise they waste their votes on an ineligible candidate and raise the risk of the party nominating an ineligible candidate in the general election.”Mr. Trump was disqualified in Colorado and Maine based on Section 3 of the 14th Amendment, which bars officials who have taken an oath to support the Constitution from holding office if they then engage in an insurrection.Professor Stephanopoulos said those determinations were legally sound. But he added that he was “highly skeptical” that the Supreme Court, which has a six-justice conservative supermajority, would agree.“I think Roberts very much doesn’t want the court disrupting a presidential election, especially based on a novel legal theory that doesn’t have years of support from conservative judges and academics,” Professor Stephanopoulos said. “I also doubt that the court’s conservative justices want to start a civil war within the Republican Party by disqualifying the candidate whom most Republican voters support.”Tara Leigh Grove, a law professor at the University of Texas, said the court has no options that will enhance its prestige.“Although many members of the public would of course embrace a decision affirming the Colorado Supreme Court,” she said, “others would recoil at the decision. I don’t think there is any way for the Supreme Court to issue a decision on this issue that will clearly enhance its legitimacy with the public as a whole.”Former President Donald J. Trump was disqualified from the Republican primaries in Colorado and Maine based on Section 3 of the 14th Amendment.Rachel Mummey for The New York TimesShe proposed a general rule of thumb: “Whenever the Supreme Court considers a truly extraordinary constitutional case, it must confront at least two issues: first, what is the better answer to the legal question; and second, how confident are the justices in that answer.”“When it comes to cases that will have a massive impact on society,” she said, “one might assume that the confidence level has to be particularly high.”In her ruling on Thursday, Secretary of State Shenna Bellows of Maine wrote that the facts about Mr. Trump’s conduct were “not in serious dispute.”“The record establishes that Mr. Trump, over the course of several months and culminating on Jan. 6, 2021, used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power,” she wrote, adding: “The weight of the evidence makes clear that Mr. Trump was aware of the tinder laid by his multimonth effort to delegitimize a democratic election, and then chose to light a match.”Like the Colorado Supreme Court, Ms. Bellows put her ruling on hold while appeals move forward. That means the U.S. Supreme Court has some breathing room.The Colorado case is already before the justices in the form of a petition seeking review filed by the state’s Republican Party, which urged the court to resolve the case by March 5, when many states, including Colorado and Maine, hold primaries. Otherwise, they said, voters “will face profound uncertainty and the electoral process will be irrevocably damaged.”The six voters who prevailed in the Colorado case asked the justices to move even faster, culminating in a decision on the merits by Feb. 11.Professor Hasen said the ruling from Maine added to the need for prompt resolution.“The fact that a second state, at least for now, has ruled Trump ineligible for the ballot puts major pressure on the Supreme Court to intervene in the case and to say something about how to apply Section 3 to Trump,” he said. “The plaintiffs bringing these lawsuits are relentless, and they will keep trying to get Trump removed.”Agreeing to hear the case is one thing. Resolving it is another. As the Colorado Supreme Court recognized, there are at least eight discrete issues in the case, and the voters challenging Mr. Trump’s eligibility must prevail on all of them.“For Trump to win, he only needs to win on one issue,” Professor Muller said. “There are many options at the court’s disposal.”On the other hand, leading conservative law professors who have examined the original meaning of Section 3, which was adopted after the Civil War, have recently concluded that it plainly applies to Mr. Trump and bars him from another term. Such originalist arguments generally resonate with the court’s most conservative members.But other considerations may prevail.“As much as the court may want to evade politics in its decisions, it’s unavoidable,” Professor Muller said. “The best it can do right now is try to achieve consensus to avoid the appearance of partisanship.” More

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      Nikki Haley Erases Civil War History

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      Nikki Haley drew criticism this week for what she didn’t say. As she campaigned in New Hampshire for the Republican presidential nomination, a person asked her to name the cause of the Civil War.Ms. Haley, a former South Carolina governor, joked it was not an “easy question.” She then mentioned “how government was going to run,” “freedoms,” the need for “capitalism” and individual liberties. When the questioner observed that she hadn’t mentioned slavery, she asked, “What do you want me to say about slavery?”She told a radio interviewer the next morning that “of course” the war was about slavery, that she was not evading the issue but trying to reframe it in modern terms. While we shouldn’t read too much into one video clip, it’s fair to ask: How is the Civil War’s cause not an easy question?The facts of our history are currently contested — especially that history. Gov. Ron DeSantis of Florida has acted to restrict what he sees as woke views of slavery and race in schools. Other Republican-led states have taken similar measures, and Donald Trump has offered his own hazy views of the past. It’s no wonder Ms. Haley spoke cautiously. The history of race has become as fraught a topic on the political right as it has been on the left.All this points to a reality we would do well to confront: Some Americans do not believe slavery was the cause of the Civil War. I encountered some of them while discussing a recent book on Abraham Lincoln.A few days ago, a caller on C-SPAN identified as “William in Lansford, Pa.,” asserted this to me: “The Civil War wasn’t about slavery. It was about the states fighting with one another about money.”It was far from the first time I’ve heard such claims. It’s not hard to see why a candidate might avoid engaging too deeply with voters on this topic.But the rest of us can arm ourselves with a few base-line facts. Far more than most historical events, the Civil War is debated among ordinary people as much as among historians. (Lincoln called it “a people’s war,” and it’s now a people’s history. I recently attended the annual Lincoln Forum in Gettysburg, Pa., where scholars shared the room with hundreds of superfans.) If we are to hold on to our history, we can prepare ourselves to respond calmly and with facts when someone makes a doubtful claim. Evidence shows what the war was about. It also shows why some people think it wasn’t about slavery — and why it matters a century and a half later.The evidence is straightforward. Southern states rejected Lincoln’s 1860 election as a president from the antislavery Republican Party. South Carolina was the first of 11 states that tried to leave the Union, and Confederates fired the first shot of the Civil War there at Fort Sumter in Charleston Harbor.Leaders of the would-be new republic named slavery as their cause. Alexander H. Stephens, the vice president of the Confederacy, gave a speech in 1861 in which he said “the assumption of the equality of races” was “an error” and “a sandy foundation” for the country he intended to leave.More than 30 years of agitation over slavery preceded the war. Northern antislavery leaders denounced the South’s institution more and more loudly and finally organized through the new Republican Party to gain political power. Southern leaders, who once cast slavery as a tragic inheritance from colonial times, increasingly defended it as moral and good.After the South’s defeat in 1865, these plain facts were obscured. Former Confederates cast their war heroes, like Robert E. Lee, as defenders of their home states rather than champions of slavery.The United Daughters of the Confederacy campaigned for generations to downplay slavery’s role in the war. In a 1924 speech to the group’s annual convention, Hollins N. Randolph asserted that “Southern men” had “fought to the death” for “the liberty of the individual, for the home and for the great principle of local self-government.” Never mind that it was “the liberty of the individual” to own other human beings. The speech advocated raising money for a great Confederate monument that still exists at Stone Mountain, Ga.Beyond the bombast, historians contested many facets of the long road to war. To give just one example from the immense scholarly record: T. Harry Williams, a 20th-century writer, put some blame for the war on Northern capitalists. He said they foresaw “fat rewards” in knocking proslavery aristocrats out of power and reshaping the economy to benefit their own factories and railroads. But really, such arguments amount to different interpretations of how the United States came to fight a war over slavery.Today some people quote Lincoln — accurately — saying his main war aim was preserving the Union, not ending slavery. But these quotes cannot sustain any argument longer than a social media meme. Lincoln also said that slavery was “the cause of the war.” Preserving the Union ultimately required slavery’s destruction.It seems that people question the historical record less because of doubt about the past than because of conflicts in the present. Some conservatives feel that progressives use slavery as a cudgel against their side in modern debates over race and equality.The first Republican president saw slavery neither as a cudgel nor as something that he needed to obscure. In an 1864 letter, he described slavery as a “great wrong” and added that people of the North and South alike shared “complicity in that wrong.”Complicity. Lincoln affirmed his country’s responsibility for failing to live up to its promise of equality. He still believed in the country and its promise.Lincoln never claimed to be morally superior to his countrymen. He focused on an immoral system, which he worked to restrict and then to destroy. The end of slavery is now part of this country’s legacy. It’s also part of the legacy of Lincoln’s party, though Ms. Haley’s example shows it can be hard for Republican candidates to talk about it.Steve Inskeep, a co-host of NPR’s “Morning Edition” and “Up First,” is the author of “Differ We Must: How Lincoln Succeeded in a Divided America.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      Biden’s Christian ‘Persecution’? We Assess Trump’s Recent Claims.

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      Former President Donald J. Trump has repeatedly accused the Biden administration of criminalizing Christians, and Catholics in particular, for their faith. Here are the facts.Former President Donald J. Trump has repeatedly tried to appeal to Christian voters in recent weeks by accusing the Biden administration of criminalizing Americans for their faith.On multiple occasions this month, Mr. Trump has claimed that President Biden has “persecuted” Catholics in particular. Mr. Biden himself is Catholic.“I don’t know what it is with Catholics,” Mr. Trump said during a rally in Coralville, Iowa. “They are going violently and viciously after Catholics.”Mr. Trump repeated similar comments days later at another rally, in Waterloo, and in a video posted before Christmas he said that “Americans of faith are being persecuted like nothing this nation has ever seen before.”The message fits into a larger theme for Mr. Trump, who — facing criminal charges in relation to his bid to say in office after losing the 2020 election and criticism for praising strongmen — has tried to paint Mr. Biden and Democrats as being the real threat to democracy.Here’s a closer look at his claims.WHAT WAS SAID“Under Crooked Joe Biden, Christians and Americans of faith are being persecuted like nothing this nation has ever seen before. Catholics in particular are being targeted and evangelicals are surely on the watchlist as well.”— in a video on Truth Social this monthFalse. Experts say they are unaware of any data to support the idea that Catholics in the United States are being persecuted by the government for their faith — let alone at record levels.“In terms of the evidence, I find it to be pretty hard to kind of support the idea that there’s a concerted, marked increase in a particular kind of Christian targeting,” said Jason Bruner, a religious studies professor at Arizona State University and historian who studies Christian persecution.Instead, Mr. Bruner said, it’s most likely that Mr. Trump is extrapolating from cases — say, churches that faced penalties for congregating during the Covid pandemic or anti-abortion activists who have been charged with crimes — to suggest a systemic issue.“There’s a long history of discrimination against Catholics in the United States, from the framing way through the 1970s,” said Frank Ravitch, a professor of law and religion at Michigan State University. “And if anything, it’s probably better now in terms of nondiscrimination than it ever, probably, ever has been.”Mr. Trump’s claims, Mr. Ravitch said, show “such an incredible blindness to the history of anti-Catholicism in the U.S.”Advocates who track Christians fleeing persecution around the world note that the Biden administration has been gradually increasing the number of refugees admitted into the United States after the number dropped precipitously during the Trump era. At the end of fiscal year 2023, the country recorded about 31,000 Christian refugee arrivals — about half of all refugees and the highest number recorded since fiscal year 2016. (Not all were necessarily fleeing persecution on religious grounds.)“We’re encouraged by that trajectory,” said Matthew Soerens, vice president of advocacy and policy at World Relief, a Christian humanitarian organization that has pushed the Biden administration to establish policies welcoming those facing faith-based discrimination.The Trump campaign did not respond to requests for the sources behind his claims.WHAT WAS SAID“Over the past three years, the Biden administration has sent SWAT teams to arrest pro-life activists.”— in a video on Truth Social this monthThis is misleading. The Justice Department has initiated an increasing number of criminal prosecutions under a law that makes it a violation to interfere with reproductive health care by blocking entrances, using threats or damaging property. In at least one case, a defendant’s family claimed he was arrested by a “SWAT” team, but the Federal Bureau of Investigation said that was not the case.The law is called the Freedom of Access to Clinic Entrances, or FACE, Act and was enacted in 1994. Federal prosecutors have used it to initiate 24 criminal cases, involving 55 defendants, since January 2021, according to the Justice Department.While a majority of those cases have involved acts at facilities that provided abortion services, prosecutors have also used it to charge several individuals who supported abortion access and targeted Florida centers that offered pregnancy counseling and abortion alternatives.Moreover, Mr. Trump omits that such arrests are not for “pro-life” activism but for specific actions, including violence, that prosecutors argue were attempts at blocking access to or interfering with reproductive health care services.In one case, federal attorneys charged a man for allegedly using a slingshot to fire metal ball bearings at a Chicago-area Planned Parenthood clinic. In another, prosecutors said that a New York man used locks and glue to prevent the opening of a clinic’s gate. And three men were accused of firebombing a clinic in California; one recently pleaded guilty.Mr. Trump’s claims about the use of “SWAT teams” may be a reference to the 2022 arrest of a Catholic activist in Pennsylvania. The defendant, Mark Houck, was charged with shoving a volunteer at a Planned Parenthood center in Philadelphia in 2021. Mr. Houck’s defense maintained that he was responding to abusive comments made toward his 12-year-old son by the volunteer. He was acquitted earlier this year.Republican lawmakers have criticized Mr. Houck’s arrest by armed agents, but the F.B.I. has rejected the claim that it used a SWAT team and said its tactics were consistent with standard practices.“There are inaccurate claims being made regarding the arrest of Mark Houck,” the F.B.I. said in a statement. “No SWAT team or SWAT operators were involved. F.B.I. agents knocked on Mr. Houck’s front door, identified themselves as F.B.I. agents and asked him to exit the residence. He did so and was taken into custody without incident pursuant to an indictment.”Christopher A. Wray, the F.B.I. director, when asked about the circumstances of Mr. Houck’s arrest, has said such decisions are made at the local level, “by the career agents on the ground, who have the closest visibility to the circumstances.”WHAT WAS SAID“The F.B.I. has been caught profiling devout Catholics as possible domestic terrorists and planning to send undercover spies into Catholic churches, just like in the old days of the Soviet Union.”— in a video on Truth Social this monthThis needs context. Mr. Trump was likely referring to a leaked January memo prepared by the F.B.I.’s field office in Richmond, Va., that warned of the potential for extremism for adherents of a “radical-traditionalist Catholic” ideology. Republicans have criticized the memo for months.But the memo was withdrawn and the nation’s top law enforcement officials have repeatedly denounced it.The memo warned of potential threats ahead of the 2024 election and suggested gathering information and developing sources within churches to help identify suspicious activity. It also distinguished between those radicalized and not radicalized, saying “radical-traditionalist Catholics” were a small minority.Some researchers believe there is some merit to those concerns, even if the memo was flawed. Mr. Ravitch, the Michigan State University professor, said he believed agents erred in focusing on Catholicism. “What they’re really talking about is an extremely radical brand of Christian nationals,” he said, emphasizing that they are a small subset and not representative of the Roman Catholic Church or evangelicals.Attorney General Merrick B. Garland said during a September congressional hearing that he was “appalled” by the memo and that “Catholics are not extremists.” He called suggestions that the government was targeting Americans based on their faith “outrageous,” referencing the fact that his own family fled Europe to escape antisemitism before the Holocaust.And earlier this month during a Senate hearing, Mr. Wray said of the document: “That particular intelligence product is something that, as soon I saw it, I was aghast. I had it withdrawn.”In a statement this week, the F.B.I. reiterated, “Any characterization that the F.B.I. is targeting Catholics is false.”Curious about the accuracy of a claim? Email factcheck@nytimes.com. More