Trump Appeals to Supreme Court Over Colorado Ruling Regarding Eligibility to Appear on State Primary Ballot
ICARO Media Group
Former President Donald Trump has filed an appeal with the Supreme Court to overturn a state court ruling in Colorado that deemed him ineligible to appear on the state primary ballot. The ruling was based on Trump's actions leading up to the January 6, 2021 attack on the Capitol. The Colorado Republican Party has also filed its own appeal in the case.
For now, Trump will remain on the Colorado ballot until the Supreme Court takes action, based on the language in the state court ruling. The Colorado Supreme Court, in its December 19 ruling, cited the Constitution's 14th Amendment, which prohibits individuals who have "engaged in insurrection" from running for federal offices. This case raises complex legal questions, including whether this language applies to presidential candidates and who ultimately determines if someone has engaged in insurrection.
In their filing, Trump's lawyers argued that if the ruling stands, it would mark the first time in U.S. history that the judiciary has prevented voters from casting their ballots for a leading major-party presidential candidate. They urged the court to return the right to vote for their candidate of choice to the voters, emphasizing that only Congress has the authority to decide who is eligible to serve as president.
Trump's legal team further contends that even if the provision could be applied to the former president, he did not engage in insurrection on January 6, citing his "long history of political protests that have turned violent." Additionally, the Trump campaign issued a statement denouncing the Colorado ruling as an "unAmerican, unconstitutional act of election interference."
The Colorado Supreme Court's decision reversed a lower court ruling that deemed Trump's actions as insurrection but exempted presidents from the insurrection clause of the 14th Amendment because they are not "officers of the United States."
This ruling has garnered attention since Maine's top election official also declared on December 28 that Trump was ineligible to appear on the Republican primary ballot in that state. Trump can appeal in state courts, and he filed the appeal on Tuesday.
The case now lands in the hands of the Supreme Court, which possesses a 6-3 conservative majority, including three justices appointed by Trump himself. Legal experts offer differing opinions on the court's likely timing and ruling on this unusual legal question.
At this stage, the Colorado court's ruling specifically affects the Republican primary in the state. However, it remains to be seen if the Supreme Court deems it necessary to address the issue after the filing deadline has passed, with Trump's name still on the ballot.
Alternatively, the court could take up the case and issue a ruling that would potentially apply to the general election and similar lawsuits targeting Trump in other states.
The central role of the Supreme Court in Trump's legal battles draws parallels to the 2000 election, where the justices played a pivotal role in a 5-4 ruling that put an end to the Florida recount, paving the way for George W. Bush's victory over Al Gore.
In a related matter, the Supreme Court is set to hear oral arguments in a case involving a man charged for his actions on January 6. This case could potentially impact Trump's prosecution in Washington, where he faces charges under the same federal law. The former president is currently facing four different criminal prosecutions.