He’s not going to let them get away with this.
On Wednesday, former President Donald Trump petitioned the Supreme Court to overturn a Colorado state court’s decision that barred his appearance on the state’s primary ballot due to his involvement preceding the January 6, 2021, Capitol attack.
The Colorado Republican Party had also lodged an appeal. Presently, Trump remains on the Colorado ballot until the Supreme Court takes action, as per the state court ruling.
The Colorado Supreme Court’s December 19 ruling invoked the Constitution’s 14th Amendment, prohibiting individuals who “engaged in insurrection” from pursuing various federal offices. The case raises unique legal queries, including the application of this language to presidential candidates and the authority determining an individual’s involvement in an insurrection.
In their filing, Trump’s legal team asserted that upholding the ruling would mark the judiciary’s first instance preventing voters from casting ballots for a leading major-party presidential candidate. They urged the court to restore the voters’ right to choose their candidate, contending that only Congress holds the authority to determine presidential eligibility.
Trump’s lawyers also argued against applying the insurrection clause to the former president, citing a history of political protests that turned violent, asserting his non-involvement in insurrection on January 6.
Separately, the Trump campaign criticized the Colorado ruling, labeling it as an act of unconstitutional election interference.
The state high court’s decision overturned a lower court’s ruling, which acknowledged Trump’s involvement in inciting the riot but stated that presidents are exempt from the 14th Amendment’s insurrection clause as they aren’t considered “officers of the United States.”
The Colorado court’s decision remains temporarily suspended, allowing Trump and allies to pursue appeals. A similar scenario unfolded in Maine, where Trump was deemed ineligible for the Republican primary ballot, pending appeal.
With a 6-3 conservative majority, including three Trump-appointed justices, the Supreme Court faces a pivotal decision. Legal experts are divided on the court’s inclination to intervene swiftly and the possible outcome. While the Colorado ruling pertains to the state’s Republican primary, it remains uncertain whether the Supreme Court will engage post-ballot filing deadlines with Trump’s inclusion.
Another option for the court involves addressing the case, issuing a ruling applicable to the general election and potentially influencing similar lawsuits targeting Trump in other states.
Comparisons have been drawn between the court’s involvement in Trump’s legal battles and the 2000 election, where a 5-4 ruling ended the Florida recount, leading to George W. Bush’s victory over Al Gore.
Additionally, the justices are slated to hear a case related to January 6 actions, potentially impacting Trump’s prosecution in Washington under federal law. This forms one of four criminal prosecutions faced by Trump.
