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    Maine Supreme Court Rejects Appeal: Trump’s Eligibility Case Heads Back to Superior Court amid Legal Complexities

    JimBy Updated: Whatfinger News 7 Mins Read

    The Maine Supreme Court has dismissed Maine Secretary of State Shenna Bellows’ appeal in the case to keep former President Donald Trump off the ballot:  CBS 13

    The Basics…

    • The Maine Supreme Judicial Court dismissed an appeal by Secretary of State Shenna Bellows to review her decision to bar Donald Trump from the Republican primary ballot.
    • The court’s ruling was based on the case being “interlocutory,” meaning the lower court’s ruling is not final.
    • The court noted that proceeding with the appeal before the U.S. Supreme Court’s ruling on a similar Colorado case could cause additional delays.
    • Superior Court Justice Michaela Murphy had previously suspended Bellows’ decision to remove Trump from the ballot until the Colorado case is resolved.
    • Bellows’ argument that the Colorado ruling might be state-specific and her concern about the administration of the March 5 primary elections were both rejected by Maine’s highest court.
    • The court indicated that waiting for the Supreme Court’s decision could avoid unnecessary additional court or administrative actions.
    • Bellows had initially ruled that Trump was ineligible for the primary ballot due to his involvement in the January 6, 2021, Capitol riots, citing the insurrection clause of the U.S. Constitution.
    • Trump’s legal team appealed Bellows’ decision, while the U.S. Supreme Court agreed to hear an appeal in a similar Colorado case.
    • Trump’s legal team argues that his actions did not constitute insurrection and that Bellows lacks authority to remove him from the ballot.
    • The ruling by Justice Murphy delayed Bellows’ decision until the Supreme Court addresses the Colorado case.
    • The U.S. Supreme Court is set to hear oral arguments in the Colorado case on February 8, with primary elections in Maine and Colorado scheduled for March 5. – Maine Public

    Maine’s Supreme Court made a pivotal decision on Wednesday, rejecting an appeal from the state’s top election official, Secretary of State Shenna Bellows, regarding her earlier ruling to exclude former President Trump from Maine’s presidential primary ballot.

    it shouldn’t even be a question. We Know the dems have Falsely attacked Trump for years even providing FAKE Info that is a crime they got away with. There is a swamp in DC, Most are Bought and Paid for and they are scared of being Exposed- dave

    The state’s high court dismissed Bellows’ appeal and redirected the case to Maine Superior Court for further proceedings, citing a similar case under consideration by the U.S. Supreme Court in Colorado. In their written decision, the justices emphasized adherence to the final judgment rule, requiring a trial court’s decision to be conclusive before entertaining an appeal.

    The final judgment rule serves to prevent appellate courts from addressing issues that may eventually become irrelevant. The justices expressed concern that rendering a decision on the merits before a final judgment could lead to an advisory opinion. This underscores the need for a conclusive trial court decision before pursuing an appeal.

    On January 17, the Maine Superior Court asserted that the U.S. Supreme Court’s ruling in the Colorado case would ultimately determine President Trump’s eligibility to run for office. Bellows’ ability to proceed with removing Trump from Maine’s presidential primary ballot hinges on the outcome of that decision.

    Bellows promptly appealed the Superior Court’s decision two days later, but the justices, in their recent decision, declined to intervene, deeming the appeal interlocutory and not justiciable.

    Maine Attorney General Aaron Frey argued that impending deadlines for finalizing the state primary ballot necessitated a swift resolution from the court. However, the justices remained unconvinced, emphasizing that an immediate review of the case was unwarranted.

    Furthermore, they rejected an argument asserting that adhering to the Superior Court’s order might cause confusion among voters during the primary. The decision pointed out the potential for additional delays if the Supreme Court’s decision necessitates further legal or administrative action.

    The justices acknowledged that their decision might not be the final resolution of the case. They clarified that while their dismissal of the appeal as interlocutory is within a specific timeframe, it may not conclusively end the matter.

    Bellows had initially suspended Trump’s removal from the ballot pending a higher court decision. However, if the Supreme Court does not reach a verdict before Maine’s primary on March 5, she intends to lift the stay, resulting in Trump’s removal from the ballot after early voting ballots have been distributed.

    Numerous challenges to Trump’s eligibility under Section 3 of the 14th Amendment have arisen in 30 states nationwide. While most state secretaries have refrained from taking an official stance on the candidate’s eligibility for a presidential primary, Bellows argued that Maine law obliges her to do so, even in cases involving issues of “insurrection.”

    In her court filing opposing Trump’s appeal, Bellows contended that he knowingly incited the Capitol attack, preventing a peaceful transfer of power. This, according to her, qualifies as insurrection under Section 3 of the 14th Amendment, rendering Trump unfit for the presidency.

    Legal representatives for the former president countered that Bellows lacked the authority to rule on his eligibility. Trump had also requested Bellows’ recusal before her decision, citing her social media posts supporting efforts toward his impeachment and characterizing the January 6, 2021, breach at the U.S. Capitol as an “insurrection.”

    Major Points Discussed:

    • Maine’s Supreme Court rejected an appeal from Secretary of State Shenna Bellows regarding her decision to exclude former President Trump from the state’s presidential primary ballot.
    • The justices emphasized adherence to the final judgment rule, stating that a trial court’s decision must be conclusive before entertaining an appeal to avoid rendering advisory opinions.
    • The court redirected the case to Maine Superior Court for further action, pending a U.S. Supreme Court decision on a similar case in Colorado.
    • Maine Attorney General Aaron Frey argued for a quick resolution due to impending deadlines for finalizing the state primary ballot, but the justices were not convinced, emphasizing that immediate review was unnecessary.
    • Secretary Bellows argued, based on Maine law, that she is compelled to adjudicate issues of “insurrection” regarding Trump’s eligibility, citing his alleged role in inciting the Capitol attack on January 6, 2021. Legal representatives for Trump countered that Bellows lacked authority to rule on his eligibility.

    Salvatore Henna

    Comments – Threads – Links

    • How embarrassing for Silly Shenna… DENIED, again. Maine‘s highest court says “Wait for Supreme Court to make their decision.” APPEAL dismissed. “Maine‘s top court dismisses an appeal of a judge’s decision on Trump’s ballot status.”  Naran
    • Defend democracy by destroying democracy- Tammy Renaed
    • Democrats are petrified of the American people voting freely for who they want- Love Power
    • The party that cries about “Threats to Democracy” sure does go out of its way to undermine the will of the people- G_Cruz
    • Bus them some illegals- Nathan_Hale1755
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