In an unprecedented move, former President Donald Trump is appealing to the US Supreme Court to overturn the Colorado Supreme Court’s decision to remove him from the state’s ballot. Trump’s legal team submitted a brief on Thursday, outlining their arguments against the state court’s decision.
Trump’s attorneys argue that the former President is not subject to section 3 of the Constitution, which pertains to ‘officers of the United States.’ They further contend that even if he were subject to this section, his actions do not qualify as ‘insurrection.’ The team warns of potential chaos and confusion if other states follow Colorado’s example and exclude the probable Republican presidential nominee from their ballots.
Last month, the Colorado Supreme Court ruled that Trump is constitutionally ineligible to run in 2024 due to the 14th Amendment’s ban on insurrectionists holding office, citing his conduct on January 6, 2021. The US Supreme Court agreed to hear the case earlier this month, accepting Trump’s appeal.
The Colorado ruling is currently on hold pending the US Supreme Court’s decision. Meanwhile, the state’s top election official has certified the 2024 presidential primary ballots with Trump’s name on the Republican ballot. If the justices rule Trump ineligible for public office before Colorado’s primary, any votes cast for him will be null and void. The Colorado case is set for oral arguments on February 8.
Republican Allies Rally Behind Trump
On Thursday, House Speaker Mike Johnson, Senate Minority Leader Mitch McConnell, and numerous other GOP lawmakers expressed their support for Trump at the Supreme Court. In a friend-of-the-court brief, the Republicans argue that the Colorado Supreme Court’s decision infringes on Congress’ power by enforcing the Constitution’s “insurrectionist ban” without congressional authorization.
The Republicans warn that the Colorado ruling could encourage state officials to label political opponents as insurrectionists, urging the justices to overturn the decision to reduce partisan motivations to disqualify opponents under the 14th Amendment’s “insurrectionist ban.”
A group of GOP secretaries of state also appealed to the court to prevent their counterparts from disqualifying candidates, warning of a “parade of horribles” if the decision is not reversed. The group argues that such a decision would lack the constitutional protections of due process and could be subject to abuse.
So far, Trump has been removed from the ballot in Colorado and Maine, but both decisions are on hold pending a resolution from the US Supreme Court. A Maine judge recently sent the case back to the Maine Secretary of State, instructing her to await the final resolution of the Colorado case.
The case is being closely watched by judges across the country. Last week, the Oregon Supreme Court dismissed a similar case, advising the anti-Trump challengers that they might be able to refile it later, depending on the US Supreme Court’s decision in the Colorado case.
Contributor: Marshall Cohen, CNN. This story has been updated with additional details.