Trump appeals Colorado disqualification, seeks SCOTUS to overturn ruling
OAN’s Sophia Flores
2:30 PM – Wednesday, January 3, 2024
45th President Donald J. Trump’s legal team has filed an appeal to the United States Supreme Court (SCOTUS) to overturn the Colorado Supreme Court ruling removing the former president from the state’s GOP primary ballot.
On Wednesday, his lawyers issued a filing stating that the 14th Amendment’s “insurrection clause” was not valid in this situation and urged the justices to “return the right to vote for their candidate of choice to the voters.”
“This Court should grant certiorari to consider this question of paramount importance, summarily reverse the Colorado Supreme Court’s ruling, and return the right to vote for their candidate of choice to the voters,” attorneys for the former president wrote in the filing.
The Colorado Supreme Court disqualified the Republican from the state’s primary ballot on December 19th in a 4-3 decision.
They claimed that he violated Section 3 of the 14th Amendment for allegedly inciting a U.S. Capitol breach on January 6th, 2021. However, presidents do not fall under the jurisdiction of Section 3 of the 14th Amendment as they are not an “officer of the United States.”
Even though this is a high-profile litigation, the SCOTUS is not required to take the case. Without the highest court in the nation intervening, states are allowed to ban Trump from the ballot.
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What are the potential implications and consequences of the Supreme Court’s decision on Trump’s appeal for future elections and the role of former presidents in American politics
Free.
In their appeal, Trump’s legal team argued that the Colorado Supreme Court’s decision was a direct violation of the 14th Amendment, specifically the ”insurrection clause.” They claimed that this clause was not applicable in this situation and that the right to vote for their candidate of choice should be returned to the voters.
The filing stated, “This Court should grant certiorari to consider this question of paramount importance, summarily reverse the Colorado Supreme Court’s ruling, and return the right to vote for their candidate of choice to the voters.”
The decision to disqualify Trump from the state’s primary ballot was made by the Colorado Supreme Court on December 19th in a close 4-3 vote. They cited the alleged violation of Section 3 of the 14th Amendment, which pertains to individuals who have engaged in insurrection or rebellion against the United States. However, Trump’s legal team argued that as a former president, he does not fall under the jurisdiction of Section 3 as he is not an “officer of the United States.”
While this case has garnered significant attention, it is ultimately up to the Supreme Court to decide whether or not they will take the case. Without their intervention, states have the authority to ban Trump from appearing on their primary ballots.
It remains to be seen how the Supreme Court will respond to Trump’s appeal and whether they will choose to take up the case. This legal battle could have significant implications for future elections and the role of former presidents in the political landscape.
As the appeal makes its way through the legal system, supporters and opponents of Trump will be closely watching the proceedings. The outcome of this case could have long-lasting consequences and shape the future of American politics.
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