Trump appeals Colorado ballot case to the Supreme Court

 January 5, 2024

The Guardian reported that former President Donald Trump has asked the Supreme Court to put his name back on the Colorado ballot. Some legal experts say they expect that Trump will be pleased by the Court's decision. 

At issue is a ruling from the Colorado Supreme Court which found that the former president is ineligible to stand for election.

State supreme court cited "Insurrection Clause"

That conclusion was based on Section 3 of the 14th Amendment, a provision which is often referred to as the "Insurrection Clause." It states,

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Trump's attorneys submitted a filing on Wednesday which read, "In our system of ‘government of the people, by the people, [and] for the people,’ Colorado’s ruling is not and cannot be correct."

They pointed out that should the Colorado decision stand then it "will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate."

Lawyers say Trump can't be barred from running

Among their arguments were that Section 3 of the 14th Amendment tasks Congress instead of the courts with enforcement.

They also maintained that as president of the United States, Trump was not one of the officers that the provision covers.

Further former president's attorneys maintained that their client did not engage in insurrection and that state legislatures have the constitutional authority to determine how presidential electors are appointed.

In addition to being kicked off the ballot in Colorado, Trump faces a similar challenge in Maine where Secretary of Shenna Bellows has barred him from running as well.

Law professor: "This theory is wrong"

Many legal experts have predicted that America's highest judicial body will ultimately reject efforts to remove Trump from the ballot.

The Daily Caller noted that they include George Washington University Law School professor Jonathan Turley, who told Fox News this week that such attempts are "deeply destructive to our democratic process."

"This theory is wrong. It's wrong historically, it's wrong textually, it’s just dead wrong, and I’m hoping that the court will put this to bed," he added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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