The U.S. Supreme Court is debating whether Donald Trump should be removed from Colorado’s primary ballot due to his alleged involvement in inciting the Capitol riot.
The high court appears to be very skeptical of Colorado removing Trump from the ballot.
The case involves interpreting the 14th Amendment and raises questions about the president’s eligibility, the authority of state courts, and the impact of the Senate’s acquittal in Trump’s impeachment trial.
Trump’s attorneys wrote, “President Donald J. Trump won the Iowa caucuses with the largest margin ever for a non-incumbent and the New Hampshire primary with the most votes of any candidate from either party. He is the presumptive Republican nominee and the leading candidate for President of the United States.”
“In our system of ‘government of the people, by the people, [and] for the people,’ … the American people — not courts or election officials — should choose the next President of the United States … Yet at a time when the United States is threatening sanctions against the socialist dictatorship in Venezuela for excluding the leading opposition candidate for president from the ballot, respondent Anderson asks this Court to impose that same anti-democratic measure at home,” they continued.
According to Section 3 of the 14th Amendment of the U.S. Constitution, “No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… 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.”
Multiple legal challenges across states are pending, and the decision could affect the upcoming presidential primary.
Colorado State Supreme Court ruled, “President Trump is disqualified from holding the office of president.”
“Because he is disqualified, it would be a wrongful act under the election code for the secretary to list him as a candidate on the presidential primary ballot,” wrote the judges.
Trump’s lawyers argued, “The [Supreme] Court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots.”
I’m calling for Justice Clarence Thomas to recuse himself in the 14th Amendment case determining if Donald Trump is ineligible for the 2024 ballot.
Given questions surrounding his wife’s involvement, Justice Thomas should recuse himself so there’s no question of bias.
— Senator Dick Durbin (@SenatorDurbin) February 7, 2024
The lawyers challenging Trump wrote, “The thrust of Trump’s position is less legal than it is political. He not-so-subtly threatens ‘bedlam’ if he is not on the ballot. But we already saw the ‘bedlam’ Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.”
“Nobody, not even a former President, is above the law,” they concluded.
The court’s involvement has raised concerns about impartiality, particularly regarding Justice Clarence Thomas.
The case is separate from a federal prosecution against Trump for alleged election interference.
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