Trump ballot ban appealed to US Supreme Court by Colorado Republican Party

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The Colorado Republican Party has taken a significant step in challenging the recent decision by the state’s supreme court, which deemed former President Donald Trump ineligible for the presidency. This move could potentially lead to a momentous confrontation at the highest court in the land, the U.S. Supreme Court, regarding the interpretation of a constitutional provision dating back 155 years. This provision disqualifies individuals from holding office if they have “engaged in insurrection.”

The immediate consequence of this appeal is the extension of the suspension of the 4-3 ruling made by Colorado’s highest court. This suspension remains in effect until January 4th, just one day before the deadline for printing the state’s primary ballots, or until the appeal process at the U.S. Supreme Court concludes. Notably, former President Trump has expressed his intention to pursue an appeal to the nation’s highest court as well.

It’s important to note that the U.S. Supreme Court has never previously addressed Section 3 of the 14th Amendment, a provision introduced after the Civil War to prevent former Confederates from reentering government positions. This section stipulates that anyone who had taken an oath to “support” the constitution and subsequently “engaged in insurrection” against it is ineligible for public office.

The Colorado Supreme Court’s ruling applied this provision to Donald Trump, based on his role in the January 6, 2021, attack on the U.S. Capitol, which aimed to disrupt the certification of President Joe Biden’s 2020 election victory. This marked the first instance in history where this provision was employed to bar a presidential candidate from running.

In response, the Colorado Republican Party’s attorneys contend that the state’s supreme court decision has significantly altered the course of American democracy by removing the leading Republican candidate from both the primary and general election ballots. They argue that if this decision is not overturned, any voter could potentially sue to disqualify any political candidate, not only in Colorado but in other jurisdictions that follow suit. This could lead to disruptions in future elections and drag the courts into political controversies centered around vague allegations of insurrection.

The U.S. Supreme Court is anticipated to consider this case, either following the Colorado GOP’s appeal or Trump’s independent appeal. While Trump’s absence from the Colorado ballot may have minimal effects on his campaign, given his 13-point loss in the state in 2020, it could set a precedent for other states to take similar actions.

Sean Grimsley, representing the plaintiffs seeking Trump’s disqualification in Colorado, has expressed the urgency of a swift resolution due to the upcoming primary on Super Tuesday, March 5th. As of now, no other court has ruled in favor of those attempting to disqualify Trump under Section 3, and no election official has taken unilateral action to remove him from the ballot without a court order.

The Colorado case has been considered the most promising among these legal challenges, partly because it was initiated by a well-resourced liberal group based in Washington D.C. Additionally, all seven Colorado Supreme Court justices were appointed by Democrats. However, it’s noteworthy that the constitutional questions raised in this case have not strictly followed partisan lines, as some conservative legal scholars have advocated for Trump’s disqualification under Section 3, arguing that the plain language of the Constitution supports this interpretation, much like the age requirement for presidential candidates.

It’s worth mentioning that all six plaintiffs in the Colorado case are either Republican or unaffiliated voters. Trump himself has criticized these legal challenges, labeling them as “election interference” and expressing his disapproval of Colorado’s actions while celebrating a favorable ruling by the Michigan Supreme Court regarding his candidacy in that state’s primary.

Frequently Asked Questions (FAQs) about Insurrection Disqualification

More about Insurrection Disqualification

• Colorado GOP Appeals Trump Ballot Ban
• U.S. Supreme Court Showdown on Insurrection Disqualification
• 14th Amendment Section 3
• Colorado Supreme Court Ruling on Trump’s Eligibility
• Implications of Colorado Supreme Court Decision
• Trump’s Campaign and Colorado Ballot
• Urgency in Resolving the Case
• Legal Challenges to Disqualify Trump
• Political Considerations in the Colorado Case
• Plaintiffs in the Colorado Case
• Donald Trump’s Reaction to Legal Challenges