The Supreme Court has accepted the challenge to determine whether former President Trump can be disqualified from being listed on Colorado’s ballot due to his involvement in the Capitol attack on January 6, 2021. This landmark case has the potential to disrupt the upcoming presidential election, and the court’s order indicates a swift timeline for resolution, with oral arguments scheduled in the upcoming weeks.
Numerous legal challenges across the country, based on the 14th Amendment, have questioned Trump’s eligibility, but many were dismissed by lower courts. Notably, Colorado and Maine recently took an unusual step by removing Trump from their primary ballots. Despite these rulings being temporarily on hold pending Trump’s appeals, the Supreme Court’s decision to take up the Colorado case positions it to offer a nationwide resolution before the general election.
The fate of Trump’s political future rests with the conservative-majority court, which includes three justices appointed by Trump. The 14th Amendment’s insurrection ban, preventing individuals engaged in insurrection from holding federal office, is at the core of the legal dispute. Originally ratified after the Civil War to prevent Confederates from returning to office, the clause has gained renewed relevance as anti-Trump plaintiffs argue that his actions during the Capitol riot constituted insurrection.
In Colorado, a lawsuit filed by four Republicans and two independent voters, supported by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW), led to a 4-3 decision by the state Supreme Court, potentially disqualifying Trump from the primary ballot. All involved parties, including Trump, the Colorado Republican Party, the Colorado secretary of state, and the winning plaintiffs, unanimously agreed on the need for the U.S. Supreme Court to address the case due to its national significance.
Trump’s legal team contends that the Colorado Supreme Court exceeded its authority by denying him access to the ballot, arguing a misinterpretation of section 3 of the 14th Amendment. While there is agreement on the case’s national importance, there is a divergence on the speed and specific legal questions the high court should address. Meanwhile, in Maine, Trump is appealing a decision by Secretary of State Shenna Bellows to remove him from the primary ballot, a case that may also reach the Supreme Court in the coming weeks.