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

by Sophia Chen
5 comments
Insurrection Disqualification

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

What is the background of the Colorado GOP’s appeal to the U.S. Supreme Court?

The Colorado GOP has appealed to the U.S. Supreme Court following a decision by the state’s supreme court. This decision found former President Donald Trump ineligible for the presidency due to his alleged involvement in the January 6, 2021, attack on the U.S. Capitol, which was considered an act of insurrection.

What is the immediate impact of this appeal?

The immediate impact is that it extends the suspension of the Colorado Supreme Court’s ruling until January 4th, just before the state’s primary ballots are due to be printed. This suspension will remain in effect until the U.S. Supreme Court completes its review of the case or until that date is reached.

Has the U.S. Supreme Court ever addressed Section 3 of the 14th Amendment before?

No, the U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, which was added after the Civil War to prevent former Confederates from returning to government. This provision disqualifies individuals who swore an oath to support the constitution and then engaged in insurrection against it from holding government office.

What was the basis for the Colorado Supreme Court’s ruling against Trump?

The Colorado high court ruled that Trump’s actions in relation to the January 6th Capitol attack met the criteria set by Section 3 of the 14th Amendment, making him ineligible for the presidency. This marked the first instance in history where this provision was used to block a presidential contender’s campaign.

How does the Colorado Republican Party view the implications of this ruling?

The Colorado Republican Party sees the Colorado Supreme Court’s decision as a fundamental alteration of American democracy. They argue that if the decision is not overturned, it could empower any voter to sue and disqualify political candidates, potentially leading to disruptions in future elections and legal controversies.

What could be the consequences for Trump’s campaign if he is removed from the Colorado ballot?

While losing Colorado, where he was defeated by a 13-point margin in 2020, may have minimal effects on Trump’s campaign, it could set a precedent for other states to take similar actions and potentially impact his candidacy in must-win states.

Are there any timelines or deadlines associated with this case?

Yes, there is a sense of urgency due to the upcoming primary on Super Tuesday, which is scheduled for March 5th. Plaintiffs seeking Trump’s disqualification in Colorado have expressed the need for an expedited resolution of the case to provide clarity ahead of this key election date.

Have other legal challenges to disqualify Trump under Section 3 been successful?

No, to date, no other court has ruled in favor of those attempting to disqualify Trump under Section 3, nor have election officials unilaterally removed him from the ballot without a court order.

Are there any political or partisan considerations in this case?

The Colorado case does have political implications, as it was initiated by a liberal group based in Washington D.C., and all seven Colorado Supreme Court justices were appointed by Democrats. However, it’s worth noting that the constitutional questions raised in the case have not strictly followed partisan lines, with some conservative legal scholars advocating for Trump’s disqualification under Section 3.

Who are the plaintiffs in the Colorado case, and what is their affiliation?

All six plaintiffs in the Colorado case are either Republican or unaffiliated voters. This underscores the complexity and diversity of perspectives surrounding the legal challenges related to Section 3 of the 14th Amendment.

How has Donald Trump reacted to these legal challenges?

Donald Trump has criticized these legal challenges, characterizing them as “election interference.” He has voiced his disapproval of the actions taken by Colorado and other states in attempting to disqualify him from running for office.

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5 comments

Journoguy69 December 28, 2023 - 8:59 am

so colorado gop goin to us suprem court, big deal! trump and insurrexion, crazzzy stuff!

Reply
LegalEagle22 December 28, 2023 - 10:04 am

colorado lib group got moniez, but is it enuf? conservs sayin trump disqualified 4 sure.

Reply
EconGuru101 December 28, 2023 - 3:26 pm

ugh, this whole mess messin’ w/2024 prez electshun, we need clarity!

Reply
PoliticWonk2023 December 28, 2023 - 9:27 pm

wowie, trump fightin’ hard! suprem court nevr touch 14th amend befor!

Reply
TrumpFanatic45 December 29, 2023 - 3:04 am

trump angry bout this, callin it “election interfear”! stupid colorado peeps!

Reply

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