Trump is urging the Supreme Court to keep him on the ballot in Colorado


Trump is urging the Supreme Court to keep him on the ballot in Colorado

Election 2024

David G Savage

January 3, 2024

Former President Donald Trump appealed to the Supreme Court on Thursday, urging the justices to quickly reverse a Colorado state court decision that would have barred him from voting there

in the coming year because he was involved in an uprising against the United States


Trump, the frontrunner for the Republican presidential nomination, They

argue that voters, not state judges, should decide who is elected to the nation’s highest office.

His lawyers said they wrote that

the Colorado decision “would unconstitutionally disenfranchise millions of Colorado voters and likely be used as a template to disenfranchise tens of millions of voters across the country.”

While they did not propose a timetable, they said it was crucial the court addressed the issue urgently.

The TrumpZe team

offered several reasons for overturning the Colorado court. One would be to rule that the President is not subject to Sec. 3 of the 14th Amendment, an argument adopted by a Colorado judge.

“None of what President Trump has ‘implied’ in the insurrection,” they added. “President Trump never told his supporters to enter the Capitol, including in his speech at the Ellipse


or in any of his statements or communications before or during the events at the Capitol.”

The Colorado Supreme Court was the first in the country to rule that Trump is once again disqualified from office. In a 4-3 vote, state judges said Trump “engaged in an insurrection” in a failed attempt to overturn his defeat in the 2020 election.

But state judges agreed to stay their ruling while Trump appealed to the Supreme Court. As a result, his name will appear on the state’s Republican primary ballot.

More broadly, the question is whether the former president can be disqualified from holding future office because he violated a provision of the 14th Amendment passed after the Civil War.

The amendment


is best known for granting equal rights and freedoms to all Americans,

but it

also tried to prevent ex-allies from returning to office. Section 3 says: “No person shall… hold any office, civil or military” who, “having previously taken an oath… in support of the Constitution of the United States, shall have engaged in insurrection or rebellion against the same .”

Over the past year, law professors and judges have debated whether this provision applies to the January 6, 2021 mob attack on the U.S. Capitol, and if so, how.

Trump was not charged with incitement of insurrection, although he faces other lesser criminal charges, including conspiracy to obstruct an official proceeding.

Two years ago, he was impeached by the House of Representatives for his role in the January 6 attack, and 57 senators found him guilty.


That was ten votes short of the two-thirds Senate vote needed for conviction, meaning Trump was found not guilty of insurrection.

Responding to a lawsuit filed by several Colorado Republicans, a state judge and the majority of the state Supreme Court said the evidence clearly showed the former president used false claims of voter fraud to convince his most fervent followers that the elections were stolen.

At his urging, tens of thousands of people came to Washington on January 6, 2021, then marched on the Capitol to block the recognition of President Joseph Biden’s victory.

“The record has amply demonstrated that the events of January 6 constituted a concerted and public use of force or the threat of force by a group of people to obstruct or prevent the United States government from taking the actions necessary to ensure the peaceful transition of power in this country to achieve. ,” the Colorado judges wrote. “This constituted an insurrection.”

Moreover, the insurrection was incited by the former president, they said. “President Trump’s direct and explicit efforts, over several months, to incite his supporters to march on the Capitol to protest what he wrongly characterized as an alleged fraud against the people of this country were unquestionably overt and voluntary. Furthermore, the evidence amply established that President Trump took all of these actions to support and further a common unlawful goal of his own devising and initiating: preventing Congress from certifying the 2020 presidential election and halting the peaceful transfer of power .

Finally, they rejected the legal claim that the presidency is not covered by Section 3 of the 14th Amendment.

“President Trump asks us to state that Section Three disqualifies every oath-breaking insurrectionist except the most powerful, and that it bar oath-breakers from virtually every office, state and federal, except the highest in the land.” Both results are inconsistent with the plain language and history of Section Three,” they said.

The Maine Secretary of State said this last week


she agreed with the ruling in Colorado and would remove Trump’s name from her state’s primary ballot.


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