Former President Donald Trump is seeking intervention from the U.S. Supreme Court in hopes of remaining on the Republican primary ballot in Colorado. Trump’s attorneys filed a brief with the high court, arguing against a Colorado Supreme Court ruling that deemed him ineligible due to allegations of insurrection related to the January 6 Capitol attack. The Supreme Court is expected to hear oral arguments on this pivotal case on February 8, which not only affects Trump’s candidacy in Colorado but has also prompted a pause in a similar case in Maine.
Trump’s legal team contends that the Colorado ruling, which relies on the insurrection clause of the 14th Amendment, could disenfranchise millions of voters and create nationwide chaos if other states follow suit. According to Trump’s brief, the constitutional provision cited does not apply to a president, claiming he is not an “officer of the United States” and therefore not subject to its restrictions. Furthermore, the brief states Trump did not engage in insurrection and that only Congress has the authority to enforce that particular clause of the 14th Amendment. Trump’s lawyers argue, “The court should put a swift and decisive end to these ballot-disqualification efforts.”
The 14th Amendment clause in question, initially designed to prevent Civil War Confederates from holding office, is now under the microscope to determine its applicability to a former president. The insurrection clause explicitly states that no person shall “hold any office” if they have engaged in insurrection or rebellion against the United States or given aid to its enemies.
The Colorado decision has set a legal precedent by being the first successful application of the 14th Amendment to Trump’s eligibility. It has subsequently influenced similar assessments in other states, such as Maine, where Secretary of State Shenna Bellows removed Trump from the ballot citing his alleged role in the Capitol insurrection. However, a Maine judge has delayed further action until the Supreme Court rules on the Colorado case, spotlighting the national implications of the upcoming decision.
The legal battles over Trump’s eligibility also face a backdrop of support and opposition from various political figures and groups. Notably, 179 Republican members of Congress, including House Speaker Mike Johnson and Senate Minority Leader Mitch McConnell, have submitted an amicus brief backing Trump.
Relevant articles:
– Trump urges Supreme Court to allow him to stay on the ballot
– Trump asks US Supreme Court to keep him on ballot in 14th Amendment case, ABC News, Thu, 18 Jan 2024 23:25:15 GMT
– Maine judge delays decision on removing Trump from ballot until Supreme Court rules in Colorado case, PBS NewsHour, Wed, 17 Jan 2024 19:56:26 GMT
– Maine appeals court delays ruling on removal of Trump from state ballot, JURIST, Thu, 18 Jan 2024 22:49:04 GMT