Enlarge image
Supporters of Donald Trump march on the US Capitol on January 6, 2021
Photo: Shannon Stapleton / REUTERS
In a surprise move, a judge has excluded former US President Donald Trump from his party's primary election in Illinois.
She ruled that Trump must be removed from the ballot in the state before the March 19 vote.
Otherwise, “the votes cast for him would be canceled,” explained Judge Tracie Porter.
However, she immediately suspended her decision so that Trump can appeal.
Cook County Circuit Judge Tracie Porter relied heavily on the Colorado Supreme Court's earlier decision.
He justified Trump's exclusion from the election by saying that his behavior in connection with the storming of the US Capitol on January 6, 2021 disqualified him from being president.
The judge in Illinois described this reasoning as “rationally compelling.”
The exclusion refers to the 14th Amendment to the US Constitution.
This prohibits people from holding office if they have committed “an insurrection or rebellion” after taking an oath to the USA.
This so-called ban on insurrection dates back to the period after the Civil War in the USA (1861-65).
At the time, it targeted officials who had supported the Confederate states.
more on the subject
Supreme Court decision on immunity: A point victory for TrumpBy Roland Nelles, Washington
Next defeat for Haley: Trump also wins the Republican primaries in Michigan
The judge stated: "The court is also aware of the significance of this decision and its impact on the upcoming primary elections in Illinois." In addition to Colorado, the Secretary of the Interior in Maine also made a similar decision.
In all US states concerned, the relevant decisions were suspended so that they could be legally reviewed.
Donald Trump criticized the decision in Illinois as politically motivated and unfair.
His campaign spokesman Steven Cheung said he would appeal the decision.
For now, Trump's name will remain on the ballot in the state.
The Republican primary in Illinois is March 19th.
The Supreme Court wants to decide - but it's unclear when
At the beginning of February there was a hearing at the Supreme Court on the sensitive legal and political question.
The judges there were skeptical about the possibility of excluding the ex-president from the highest office in the state.
It is unclear when the Court will make a decision on this.
The background to the dispute is the unprecedented attack on the US parliament building three years ago: Trump supporters violently stormed the Capitol in Washington on January 6, 2021.
Congress met there to formally confirm Democrat Joe Biden's victory in the 2020 presidential election.
Trump had previously incited his supporters during a speech with unsubstantiated claims and claimed that he had been deprived of his election victory through massive fraud.
Trump opponents filed lawsuits across the country, arguing that the Republican had lost the right to run for president again with his contribution to the attack.
They refer to the ban on insurrection in the 14th Amendment.
mgo/AFP/dpa