Trump Takes Colorado Ballot Ban to Supreme Court
On Wednesday, Former President Trump sought intervention from the Supreme Court to counteract a pivotal decision by a Colorado court. This decision, unprecedented in its nature, excluded him from Colorado’s 2024 Republican primary ballot. This exclusion was based on the 14th Amendment’s clause against insurrection.
This appeal is poised to initiate a significant confrontation at the Supreme Court, a court that hasn’t yet deliberated on Section 3 of the 14th Amendment. This section, emerging in the post-Civil War era, prohibits individuals who have pledged allegiance to the U.S. Constitution but then participated in an insurrection from holding federal office.
Trump’s legal team contends that the Colorado Supreme Court overstepped its bounds, arguing that it lacks the authority to block Trump from the ballot. They assert this action not only misinterprets Section 3 of the 14th Amendment but also encroaches upon Congressional authority.
The petition urges the Supreme Court to promptly overturn the Colorado court’s decision, bypassing the usual processes of oral arguments or extensive briefings. Although the opposing parties agreed to a swift hearing by the justices, they did not concur on skipping oral arguments.
In a narrow 4-3 decision, the Colorado Supreme Court concluded that Trump’s actions post-2020 election and his directives on January 6, 2021, constituted insurrection, thereby barring him from Colorado’s primary ballot. This decision also overturned a lower court’s ruling that the 14th Amendment did not apply to presidential candidates.
Trump’s legal team warns that if this decision stands, it would be an unprecedented judicial intervention in electoral processes, preventing voters from choosing a primary presidential candidate. The Colorado court has temporarily paused its ruling, allowing Trump to seek Supreme Court review. However, with the deadline for finalizing Colorado’s primary ballots imminent, it’s unlikely the appeal will be resolved in time, meaning Trump’s name might still appear on the ballot.
This case’s outcome could significantly influence Trump’s campaign, potentially affecting the general election in November, both in Colorado and nationwide. The Trump campaign has criticized the ruling, alleging it’s a concerted effort by opponents to disenfranchise voters.
Additionally, the Colorado Republican Party has also appealed to the Supreme Court, arguing that the state court’s decision could disrupt the 2024 race with baseless insurrection claims. This appeal is part of a broader pattern of similar legal challenges across various states, with mixed outcomes in efforts to remove Trump’s name from ballots.
In a related development, Maine recently became the second state to disqualify Trump from its Republican primary ballots, a decision Trump is also contesting in state court. This case, too, might soon reach the Supreme Court.