Supreme Court to Determine Whether Trump Can Be Disqualified from Holding Office
The US Supreme Court announces it will review the Colorado Supreme Court's decision to remove former President Donald Trump from the state's ballot The expedited schedule and Justice Thomas' non-recusal sparks interest
The US Supreme Court announced on Friday that it will review the unprecedented decision of the Colorado Supreme Court to remove former President Donald Trump from the state's ballot. Oral arguments are scheduled for February 8.
Trump will continue to be on the primary ballot while the lower-court ruling disqualifying him is on hold pending Supreme Court action. If the Supreme Court decides that Trump is ineligible for public office, any votes cast for him will not be counted.
The decision of the Supreme Court to hear the case places the nine justices directly in the midst of the 2024 election as voting begins in the early primary contests. This represents the most significant involvement of the court in a presidential race since its highly consequential decision 23 years ago in Bush v. Gore.
On Friday, Jan. 5, 2024, Donald Trump made a request to the US Supreme Court in Washington, DC to overturn a ruling that would prevent him from being on the presidential ballot in Colorado. This move sets the stage for a significant showdown over whether his involvement in the Jan. 6, 2021 assault on the Capitol disqualifies him from holding office. The photograph was taken by Kent Nishimura/Bloomberg via Getty Images.
Kent Nishimura/Bloomberg/Getty Images
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The recent ruling in the state courts has virtually guaranteed that the justices will need to address the highly contentious case and settle the divisive issue of whether Trump can be excluded from the ballot. Although the Colorado ruling is specific to that particular state, courts in several other states have also been considering challenges to Trump's eligibility, but none have advanced as far as the Colorado case.
Just last week, Maines secretary of state removed Trump from the 2024 primary ballot, and on Tuesday, the former president's team appealed that decision in state court. The Oregon Supreme Court is also expected to make a decision soon regarding a request to exclude Trump from the primary and general election ballots in that state based on his involvement in the January 6, 2021 insurrection. This underscores the pressing need for the justices in Washington to act swiftly regarding the Colorado case.
The Colorado decision has been on hold until the US Supreme Court resolves the case, and the top election official in the state faces a deadline of Friday to certify the primary ballots. If the justices determine that Trump is ineligible for public office before Colorado's primary on March 5, any votes cast for him would be invalidated.
On Wednesday, Trump appealed the Colorado decision to the US Supreme Court, a week after the state's Republican Party also requested the justices to hear the case. Last month's 4-3 decision, stating that Trump is constitutionally ineligible to run in 2024 due to the 14th Amendment's prohibition on insurrectionists holding office, was seen as a stunning result. This ruling was based on his actions on January 6, 2021.
"In our system of government, which is designed to be of the people, by the people, and for the people, the ruling by Colorado is unjust and cannot stand," stated the former president's attorneys in their court petition.
The filing also argued, "The Colorado Supreme Court made a mistake in its depiction of President Trump's involvement in the events of January 6, 2021. His actions do not constitute insurrection, and he was not engaged in such behavior."
Expedited schedule
The court set an extraordinarily fast schedule to hear the Donald Trump ballot dispute.
Trump's opening brief in the case is due by January 18, while the Colorado voters contesting his eligibility will file their opening arguments by January 31. This accelerated timeline highlights the swift pace at which the justices are proceeding, condensing the normal briefing schedule to just one-third of its usual length.
As per the courts usual practice in these kinds of cases, the order does not say how individual justices voted.
Thomas doesnt recuse himself from courts decision
Despite pressure from House Democrats, Justice Clarence Thomas did not immediately recuse himself from the case, stemming from concerns over his wife's conservative activism and involvement in efforts to overturn the 2020 election results. In a letter addressed to Thomas, eight Democrats pointed out Virginia "Ginni" Thomas' role in the January 6 "Stop the Steal" rally, arguing that her attendance made it "unthinkable" for the conservative justice to impartially decide whether the event constituted an insurrection.
The lawmakers wrote in a letter that there is no indication of her softened views on the 2020 election, so it is unreasonable to assume that her strong opinions would not influence and compromise impartiality in a case involving Mr. Trump's actions to prevent the transition of power. Thomas or any other justice could step aside later on.
CNN has reached out to the Supreme Court for comment on the recusal request.
This story has been updated with additional details.
