Former President Donald Trump has officially appealed to the US Supreme Court, challenging the Colorado Supreme Court’s decision to exclude him from the state’s 2024 ballot under the 14th Amendment’s “insurrectionist clause”.
Trump’s attorneys argue that the Colorado ruling contradicts the principle of a government “of the people, by the people, for the people,” according to the court filing obtained by CNN.
The Supreme Court is under increasing pressure to resolve the question of Trump’s eligibility for public office, as state courts and election officials across the country have reached differing conclusions. The first contests of the 2024 primary are set to begin in a matter of weeks.
Meanwhile, the Supreme Court is also dealing with other issues that could potentially impact the federal criminal case against Trump. The appeal comes after the Colorado GOP, also a party in the case, filed a separate appeal and two weeks after the Colorado ruling was issued.
The ruling is currently on hold pending appeals, and Colorado’s top election official has confirmed that Trump’s name will be on the state’s primary ballot when it’s certified on January 5, unless the US Supreme Court decides otherwise.
Trump’s Lawyers Argue Against Insurrection Claims
Trump’s legal team contends that the question of presidential eligibility should be determined by Congress, not individual states. They argue that the Colorado Supreme Court made an error in ruling that an insurrection took place on January 6, 2021, and that Trump was involved in it.
The Colorado Supreme Court’s 4-3 decision on December 19 stated that Trump is constitutionally ineligible to run in 2024 due to the 14th Amendment’s ban on insurrectionists holding office, which they argue applies to his actions on January 6, 2021.
Trump’s attorneys also argue that the Constitution’s insurrectionist ban does not apply to the presidency. They contend that the Colorado Supreme Court dismissed Trump’s argument that section 3 only bars individuals from holding office, not from running for or being elected to office.
Trump’s Speech on January 6 Included in Filing
Despite the violence that occurred on January 6, 2021, and court findings that Trump’s speech that day inspired some of his supporters to participate in the attack, Trump’s petition to the justices includes the full transcript of his speech, arguing that it called for peaceful protesting.
Other States Also Reviewing Trump’s Eligibility
While the Colorado ruling only applies to that state, a potential decision from the US Supreme Court could settle the matter for the entire nation. Courts in several other states have also reviewed challenges to Trump’s eligibility, though none have progressed as far as the Colorado case.
Last week, Maine’s secretary of state removed Trump from that state’s 2024 primary ballot, and Trump’s team appealed that decision in state court. The Oregon Supreme Court is also expected to rule soon on a bid to remove Trump from that state’s primary and general election ballots due to his role in the January 6 insurrection.
A group of Republican and independent voters, in coordination with the liberal government watchdog group, Citizens for Responsibility and Ethics in Washington, filed the Colorado lawsuit. They have also asked the Supreme Court to make the final decision.
Colorado Secretary of State Jena Griswold has also asked the justices to answer whether Trump can be removed from the ballot and provided them with a timetable of impending election deadlines that her office is required to meet.