Trump Appeals to U.S. Supreme Court to Overturn Colorado Disqualification
In a bold move to reclaim his spot on Colorado’s GOP primary ballot, former President Donald Trump has taken his legal battle to the U.S. Supreme Court. This comes after the Colorado Supreme Court’s landmark decision on December 19, 2023, which marked the first successful challenge to Trump’s candidacy under Section 3 of the 14th Amendment.
In a 43-page filing, Trump’s legal team contends that the Colorado ruling contradicts the fundamental principles of a government “of the people, by the people, [and] for the people.” The appeal urges the U.S. Supreme Court to promptly grant certiorari, emphasizing the paramount importance of the questions raised.
The Colorado Supreme Court’s split 4-3 decision hinged on the assertion that Trump was ineligible for the state’s 2024 primary ballot due to his alleged involvement in the January 6, 2021, Capitol insurrection. The justices argued that Trump’s explicit efforts urging supporters to march to the Capitol constituted an act of insurrection.
Trump’s lawyers vehemently challenge this characterization, arguing that the term “insurrection” at the time of the 14th Amendment’s passage referred to armed conflict, not political protests. The legal team contends that even if the events of January 6 could be labeled an insurrection, Trump himself did not engage in insurrection.
The appeal also challenges the application of Section 3 of the 14th Amendment to Trump, asserting that the presidency is not one of the offices from which oath-breaking officials are barred. Furthermore, it questions whether Section 3 disqualifies individuals from seeking office or holding it after being elected.
This legal battle is not limited to Colorado, as Trump faces a similar disqualification in Maine. The Secretary of State in Maine upheld 14th Amendment challenges, leading to an appeal filed in Maine’s Superior Court. Both cases highlight the unprecedented nature of using Section 3 against a major-party presidential candidate.
With Trump’s status as a frontrunner for the Republican nomination, the legal battles hold national implications. His legal team argues that the Colorado decision, if upheld, would disenfranchise millions of voters in Colorado and set a template for similar disenfranchisement nationwide.
The U.S. Supreme Court now finds itself under increasing pressure to address the complex web of legal challenges surrounding Trump’s candidacy. Legal scholars note the exceptional importance of the case and anticipate a prompt resolution as the primaries approach.
In response, a spokesperson for Trump’s 2024 campaign, Steven Cheung, labeled the efforts to bar Trump from the ballot as an “unAmerican, unconstitutional act of election interference.” The campaign calls for a clear and summary rejection of the Colorado Supreme Court’s ruling to ensure a free and fair election in November.