A recent piece published by The Atlantic suggested that House Democrats could simply vote against such a certification, and it’s far from speculation; several House Democrats interviewed by writer Russell Berman admitted that such an unprecedented move is a real possibility.
Berman wrote that if the U.S. Supreme Court fails to issue a clear ruling against the decision by the Colorado Supreme Court that the insurrection clause in the 14th Amendment prohibits Trump from being listed on the ballot, there is a technical possibility Democrats could use the 14th Amendment as the basis for blocking the certification.
When you consider the fact that Democrats could well win a House majority in the upcoming election, they could have the power to get away with this. In fact, they just need a simple majority to do so. With most of the House Democrats who voted to impeach Trump in 2021 for inciting an insurrection still expected to be in office next year, it is highly likely that the overall sentiment will be a desire to keep him from becoming president.
Berman explained that "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."
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House Democrats won't commit to certifying election results if Trump wins
He claims that senior House Democrats have refused to commit to certifying any potential win for Trump in interviews and maintain that they will only certify it if the Supreme Court has confirmed his eligibility.
For example, Rep. Jim Clyburn (D-South Carolina) avoided answering the question directly but called Trump “an insurrectionist.” Clyburn, who previously served as House majority whip, voted against certifying the victory of George W. Bush in 2004. Rep. Adam Schiff (D-California), who abstained in the vote to certify Bush that year, said he didn’t want to “get into the chaos hypothetical” but conceded that he would certify Trump if the Supreme Court deems him eligible.
Rep. Jamie Raskin (D-Maryland), meanwhile, admitted he was uncertain how he would vote in such a situation but was quick to add: “There was blood all over the Capitol in the hypothetical you posit.”
While the objections Democrats have raised to the certification of every Republican presidential winner since 2000 have ultimately been unsuccessful, they were focused on questions surrounding the legitimacy or outcome of the election on those occasions. When it comes to contesting on the grounds that the winner is not eligible, however, as the case would be here, there is no precedent.
Democrats growing desperate as Biden's approval rating drops
Democrats appear to be growing more desperate as Biden’s approval ratings continue to drop. He is heading into the election season with an approval rating of just 38 percent, which is the lowest of all presidents dating back to the 1950s.
Immigration, inflation and his handling of the wars in Ukraine and Gaza are only part of the story; with his advanced age and evidence of his cognitive decline on full display and new gaffes making headlines on a regular basis, he is dealing with problems that he cannot overcome. One survey found that 86% of people think he is too old to run again, and while this won’t be enough to keep Trump haters from voting for Biden, it could well influence voters who are on the fence.
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