A new article published in The Atlantic this week raised the idea that there could be room for House Democrats to vote against certifying former President Trump for the position if he wins re-election.

The article, written by staff writer Russell Berman, argued that if the Supreme Court declined to weigh in on whether Trump is eligible to run for office under the 14th Amendment, then House Democrats could take it upon themselves to vote against him. certify you, since it is up to them to say you are not eligible.

Berman wrote that “legal scholars say that, absent clear guidance from the Supreme Court, a Trump victory could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner that many of them consider unfavorable.” eligible and defy the will of the voters. who chose him.”

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Donald Trump with a red hat

A new article from “The Atlantic” warned that House Democrats could vote against certifying former President Trump’s election if the U.S. Supreme Court does not rule on whether he is eligible for office. (Sean Rayford/Getty Images)

The theory arises from the Colorado Supreme Court case to expel Trump from the state’s primary election, which the U.S. Supreme Court took up and heard oral arguments earlier this month.

As Berman’s article suggests, if the high court does not rule one way or another on whether Trump is eligible for office (as the Colorado court argued he violated the “insurrection” clause of the 14th Amendment), then the Democrats who believe he is ineligible will have a decision. to make.

Berman continued: “In interviews, top House Democrats did not commit to certifying a Trump victory, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices “they seemed inclined to sidestep the question of his eligibility altogether and send the decision to Congress.”

He also noted that “Democrats have a serious chance of winning the majority in Congress in November,” so they would have the power to do something.

Additionally, he reminded readers that “earlier in 2021, all House Democrats (along with 10 Republicans) voted to impeach Trump for ‘incitement of insurrection,’ and a significant majority of those lawmakers will remain in office.” Congress next year.”

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Former President Donald Trump

Some Democrats told the outlet that they are open to not certifying Trump’s election if the Supreme Court does not influence his eligibility. (Alon Skuy/Getty Images)

Given those factors, Democrats who believe Trump committed an insurrection and hold the majority in Congress could feel forced to decide whether Trump takes office if the Court refuses to declare him eligible.

Berman asked Rep. Adam Schiff, D-Calif., currently a leading U.S. Senate candidate in California, what would happen if the Supreme Court refused to weigh in on Trump’s eligibility. “I don’t want to get into the hypothetical chaos,” Schiff responded, although he noted that if the court said Trump was eligible, he would certify it.

Rep. Jim Clyburn, D.S.C., dodged the same question but criticized Trump, saying, “I think he’s an insurrectionist.”

Berman recalled speaking with Rep. Jamie Raskin, D-Md., and saying, “The choice Democrats would face if Trump won without a final decision on his eligibility was almost too complicated for Rep. Jamie Raskin of Maryland to contemplate. “He told me he didn’t know how he would vote in that scenario.”

Raskin then gave a cryptic response, adding: “There was blood all over the Capitol in the hypothetical you put forward.”

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Berman also mentioned how jurists filed an amicus brief with the Supreme Court, noting that if the justices do not rule on Trump’s eligibility, “it is a certainty” that members of Congress would try to disqualify him on January 6, 2025.

When asked if she would be one of these members of Congress, Rep. Zoe Lofgren, D-Calif., responded: “I could be.”

By Sam