Supreme Court agrees to weigh Trump’s removal from Colorado primary ballots on Feb. 8
Kaelan Deese
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The Supreme Court on Friday agreed to consider former President Donald Trump‘s bid to toss out a ruling by Colorado‘s top court removing him from the primary election ballot.
The move comes after Trump on Wednesday formally appealed last month’s 4-3 ruling by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was invoked to bar a presidential candidate from the ballot. Colorado’s high court found that Trump played a key role in the Jan. 6, 2021, riot that disqualified him under the clause. Arguments in the case will be held on Feb. 8.
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Days before Trump’s appeal, the Colorado Republican Party filed an appeal led by attorney Jay Sekulow, arguing the high court should take up the case promptly. Legal experts largely predicted the high court would take up the case due to unsettled constitutional matters and the threat of inconsistent rulings as 18 state courts have lawsuits pending over similar efforts to bar Trump from the ballot.
The Colorado Supreme Court upheld a finding by a district court judge that the events of Jan. 6 constituted an insurrection incited by Trump. It agreed with plaintiffs, six Republican and unaffiliated Colorado voters whose lawsuit was backed by a liberal group, that Trump violated the provision.
Days after the justices in Colorado ruled to remove Trump, Democratic Maine Secretary of State Shenna Bellows also ruled Trump was ineligible to appear on that state’s ballot last week. Trump appealed the ruling in state court on Tuesday.
Both decisions in Colorado and Maine have been put on hold pending appeal.
Also on Friday, 27 states led by Republican Attorneys General Todd Rokita of Indiana and Patrick Morrisey of West Virginia filed an amicus brief arguing the Colorado Supreme Court’s decision “threatens to throw the 2024 presidential election into chaos.”
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“Now that the Colorado court has intruded into an arena where courts previously have feared to tread, swift intervention is essential,” the brief authors told the Supreme Court, adding, “Conflict and chaos is already setting in.”
This is a developing story and will be updated.