January 4, 2024

Trump Calls on Supreme Court to Overturn Colorado Ballot Ban

Former President Donald Trump has appealed to the U.S. Supreme Court following the landmark decision that declared him ineligible for the presidency under the Constitution's "insurrection clause" due to his actions related to the January 6, 2021, attack on the U.S. Capitol.

In the appeal submitted on Wednesday, Trump urged the justices to review and overturn the December 19 ruling by the Colorado Supreme Court, marking the first instance of a presidential candidate being disqualified for the presidency under Section 3 of the 14th Amendment.

In their request, Trump's lawyers asserted that the question of presidential eligibility falls within the jurisdiction of Congress, not state courts.

They argued, "By considering the question of President Trump's eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress' authority."

Trump's legal team contended that the state supreme court lacked the authority to deny him access to the ballot.

Despite the Colorado Supreme Court's decision to keep Trump's name on the state's presidential primary ballot until the Supreme Court takes action, Trump and the Colorado Republican Party, filing separately, have escalated the matter, placing the Supreme Court in the midst of a politically charged case with significant implications for the 2024 presidential election.

The Supreme Court, with its 6-3 conservative majority, has not directly addressed the application of Section 3 before. The potential impact on the upcoming presidential contest has led to comparisons with the controversial Bush v. Gore case in 2000.

The Colorado Supreme Court, comprising seven justices appointed by Democratic governors, ruled against Trump on key issues, determining that Section 3 encompasses the presidency and that the January 6 assault constituted an insurrection.

Trump's lawyers argued against these conclusions, emphasizing that January 6 was not an insurrection and contending that Section 3 does not explicitly apply to the presidency.

Trump's legal team further argued that the provision does not prevent a candidate from running for office or being elected, as Congress could potentially lift the disqualification before the candidate's term begins.

The timing of the Supreme Court's consideration remains uncertain, with the Colorado Republican Party urging a swift decision considering the approaching Republican primaries and caucuses in several states.

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