Colorado Republican Party appeals Trump ballot ban to U.S. Supreme Court

COLORADO GOP TAKES TRUMP ELIGIBILITY CASE TO US SUPREME COURT

The Colorado Republican Party is seeking appeal that asserts that state’s Supreme Court verdict taking former President Donald Trump ineligible for the presidency, which could eventually lead to a standoff at the US highest court over the meaning of a 155-year-old constitutional provision that prohibits those who “engaged in insurrection” from holding office.

The appeal extends the stay on a 4-3 ruling from Colorado’s Supreme Court, which postponed its decision until Jan. 4, the day before the state’s primary ballots are due at the printer, or until an appeal to the US Supreme Court is concluded. Trump is also planning to make an appeal to the nation’s highest court.

This case is the first time the US Supreme Court will consider Section 3 of the 14th Amendment, which was added to prevent former Confederates from returning to government after the Civil War. The Amendment states that anyone who swore an oath to “support” the Constitution and then “engaged in insurrection” against it cannot hold government office.

The Colorado Supreme Court found that this applies to Trump due to his role in the January 6, 2021, attack on the US Capitol intended to stop the certification of President Biden’s victory in the 2020 presidential election. The ruling has removed the leading Republican candidate from the primary and general ballots, fundamentally changing American democracy, according to the party’s attorneys.

The US Supreme Court expects to take the case either after the Colorado GOP’s appeal or Trump’s appeal. While Trump losing the Colorado ballot would minimally affect his campaign since he lost the state by 13 percentage points in 2020, it could set a precedent for courts or election officials to disqualify him in other must-win states.

More than a dozen states, including Colorado, are set to hold primaries on March 5, known as Super Tuesday.

So far, no court has ruled to disqualify Trump under Section 3, nor have any election officials unilaterally removed him from the ballot. The Colorado case is said to have the greatest chance of success, considering it was filed by a liberal group with substantial legal resources.

The constitutional questions raised by the case have not relied on partisan lines, with some prominent conservative legal theorists advocating to disqualify Trump under Section 3.

Trump has criticized the cases, calling them “election interference.” On Wednesday, he celebrated a ruling by the Michigan Supreme Court that left him on the primary ballot in that state, at least for the primary.