Trump appeals Colorado ballot disqualification in U.S. Supreme Court

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By Carina

Former President Donald Trump has turned to the U.S. Supreme Court seeking intervention following his disqualification from Colorado’s Republican primary ballot for alleged involvement in the insurrection leading up to the January 6, 2021, Capitol attack. 

This legal battle, a focal point in the 2024 election landscape, has far-reaching implications and places Trump’s eligibility under constitutional scrutiny.

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Trump challenges Colorado court’s 2024 nomination decision

Trump, positioned as the frontrunner for the 2024 Republican presidential nomination, challenges the Colorado Supreme Court’s December 19 decision, arguing against disqualification under a constitutional provision addressing insurrection or rebellion. 

The conservative majority on the court, including three justices appointed by Trump, sets the stage for a politically charged case with broader implications for the upcoming election.

“The first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate,” Trump’s lawyers state, emphasizing the unprecedented nature of the Colorado court’s ruling.

Read More: Bill Barr: Attempts to remove Trump from ballot threaten political order

Historical use of 14th Amendment in Trump’s eligibility challenge

The Colorado court invoked Section 3 of the Fourteenth Amendment, marking a historic use of the disqualification clause to render a presidential candidate ineligible. 

Trump’s legal team contends that the judiciary’s interference with voters’ choices is unprecedented and calls for reversing the Colorado Supreme Court’s decision.

“The question of presidential eligibility is reserved for Congress,” Trump’s lawyers assert, urging the Supreme Court to intervene and reverse the Colorado decision.

Trump’s post-January 6 legal battle for 2024 eligibility

The filing stems from the aftermath of the January 6 attack, an event Trump’s supporters initiated in an attempt to overturn his 2020 election loss. 

Trump has consistently contested the election results, alleging fraud, and now faces legal battles challenging his eligibility for the 2024 race.

Beyond Colorado, Trump has also appealed a similar decision in Maine, amplifying the national significance of this legal showdown. 

The repercussions of the Supreme Court’s actions will echo in other states as efforts to disqualify Trump from various primary ballots gain momentum.

Also Read: Trump resists Biden admin’s bid to invalidate immunity defense

Colorado Supreme Court questions Trump’s eligibility under 14th Amendment

“President Trump asks us to hold that Section Three disqualifies every oath-breaking insurrectionist except the most powerful one… Both results are inconsistent with the plain language and history of Section Three,” the Colorado Supreme Court majority stated.

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The disqualification clause, embedded in the Fourteenth Amendment, raises intricate questions about the eligibility of a presidential candidate implicated in insurrection. 

The Colorado court’s ruling emphasizes Trump’s role in instigating violence at the Capitol, positioning the presidency within the insurrection provision.

Constitutional interpretation and free speech

Trump’s lawyers assert that his speech to supporters on the day of the Capitol riot falls under the protection of free speech. 

They argue that the constitutional amendment in question does not apply to U.S. presidents and that any disqualification would necessitate a congressional vote.

While courts in other states have rejected efforts to exclude Trump from primary ballots, this Supreme Court appeal intensifies the legal challenges surrounding his eligibility. 

Trump’s legal battle shapes 2024 election landscape

As the case unfolds, it adds complexity to the broader conversation about Trump’s role in the 2024 election.

In the coming weeks, the Supreme Court’s decision will not only influence Trump’s immediate political future but also set a precedent with far-reaching implications for the intersection of constitutional law and presidential eligibility.

Read Next: Man breaks into Colorado Supreme Court days after Trump ballot ruling 

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