Their decision will change how the 2024 election will end.
The U.S. Supreme Court convened for oral arguments on Thursday to address a pivotal question: whether the state of Colorado possesses the authority to exclude former President Donald Trump from its 2024 election ballot. At the heart of the matter, Donald Trump v. Norma Anderson et al., lies the debate over Colorado’s prerogative to bar Trump from the ballot due to his alleged role in the January 6, 2021, unrest at the U.S. Capitol, despite the absence of a formal conviction.
In December, the Colorado Supreme Court invoked Section 3 of the 14th Amendment of the U.S. Constitution, which prohibits individuals who have engaged in insurrection or rebellion against the government from holding office. Former Texas Solicitor General Jonathan Mitchell, representing Trump, contended that the 14th Amendment’s scope does not encompass elected officials such as the president. Mitchell posited that the term “Officer of the United States” specifically refers to appointed officials, thereby excluding elected figures from its purview.
During the proceedings, Chief Justice Salmon P. Chase’s historical ruling in the 1860s case of Caesar Griffin, which required congressional legislation to disqualify an official under the 14th Amendment, was cited as a precedent. However, Justice Sonia Sotomayor and Justice Elena Kagan scrutinized Mitchell’s argument, questioning its validity and potential bias in favor of Trump’s interests.
Jason Murray, representing Colorado voters seeking Trump’s exclusion from the ballot, argued that Trump’s actions on January 6, 2021, constituted an insurrection, rendering him ineligible for public office. Murray emphasized the broad language of Section 3, asserting that it encompasses all federal positions requiring an oath to the Constitution. Murray rejected attempts to differentiate between “office under” and “officer of,” asserting that both phrases encapsulate any federal officeholder.
The debate also broached the issue of state authority in enforcing the 14th Amendment. Chief Justice John Roberts and Justice Kagan raised concerns about potential conflicts between states’ interpretations of insurrection and their respective electoral processes. Colorado Solicitor General Shannon Stevenson defended the state’s right to regulate ballot eligibility, underscoring the importance of faith in the electoral system and adherence to constitutional principles.
The Colorado Supreme Court’s 4-3 ruling in December, barring Trump from the 2024 ballot, prompted an appeal to the U.S. Supreme Court. Trump’s robust performance in Republican primaries, including victories in Iowa and New Hampshire, underscores the significance of the ongoing legal battle for his political future.
