Former President Donald Trump has formally asked the Supreme Court to overturn a Colorado Supreme Court decision that declared him ineligible to run in the 2024 election. In the 43-page petition, Trump’s legal team argues that the state court overstepped its authority by invoking the Constitution’s “insurrection clause” in connection to the January 6, 2021 Capitol riot. The appeal contends that state courts cannot make such determinations, emphasizing that Trump’s actions on that day did not amount to incitement but were protected by the First Amendment.
Contesting the “Insurrection” Label
Trump’s lawyers dispute the characterization of the January 6 riot as an “insurrection” and maintain that even if it were deemed as such, Congress possesses the power to waive the bar on insurrectionists holding office. The filing asserts that the 14th Amendment, which disqualifies individuals who “engaged in insurrection” from holding office, doesn’t apply to the presidency. They argue that the oath taken during Trump’s inauguration is not one of the oaths mentioned in the amendment.
Nationwide Ballot Inclusion
The appeal also stresses that even if Trump were considered to have participated in an insurrection, Congress could waive the disqualification. As a result, Trump’s legal team argues that he should remain on the ballot nationwide until such a decision is made by Congress. While there is no current effort in Congress to lift the disqualification in Trump’s case, the legal challenge underscores the constitutional complexities surrounding the issue.
Expediting the Supreme Court Decision
Voters and advocacy groups have mounted challenges to Trump’s eligibility in various states, with Colorado and Maine ruling him disqualified. The Supreme Court is now faced with resolving this constitutional issue and determining if Trump can run in the general election should he secure the GOP nomination. Both the Colorado GOP and Colorado voters challenging Trump’s eligibility have urged an expedited timeline for Supreme Court action.
Upcoming Colorado Republican Primary
Despite legal battles, Trump is likely to appear on the ballot in the Colorado Republican primary scheduled for March 5, as the state Supreme Court paused its decision while awaiting appeals. The Supreme Court’s decision on whether to hear the case and the subsequent timeline for action remain uncertain.
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