Attorneys representing Donald Trump have formally petitioned the US Supreme Court to reverse the Colorado state Supreme Court's decision to remove him from the 2024 ballot under the 14th Amendment's "insurrection clause," sources confirmed.
The filing requests that the Supreme Court consider the matter of "paramount importance," and requests the court to summarily reverse the Colorado Supreme Court's decision and allow voters the right to choose their preferred candidate.
The Supreme Court is under increasing pressure to resolve whether Trump, the leading candidate for the GOP presidential nomination, can be barred from holding public office, as state courts and election officials have reached conflicting conclusions nationwide. Additionally, the high court is also handling other issues that could affect the federal criminal case against the former president.
The Colorado GOP filed a separate appeal nearly a week after Trump's appeal. The ruling has been paused while appeals are ongoing. The top election official of Colorado has confirmed that Trump's name will be on the state's primary ballot when it is certified on January 5, unless the US Supreme Court decides otherwise. It is unlikely that the high court will resolve the case quickly this week. If the justices take up the case and determine that Trump is ineligible for public office, votes cast for him would not be counted. The state's primary is scheduled for Super Tuesday on March 5.
The Colorado Supreme Court's recent decision in a 4-3 vote declared that Trump is constitutionally unable to run for office in 2024 due to his involvement in the January 6, 2021 insurrection, which violates the 14th Amendment. In a 134-page majority opinion, the justices stated, "President Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power."
While the ruling from Colorado is limited to the state, a future decision from the US Supreme Court could have far-reaching implications for the entire nation. Other state courts have considered challenges to Trump's eligibility, but none have advanced as far as the Colorado case.
Recently, Maine's secretary of state eliminated Trump from the state's 2024 primary ballot, leading to an appeal by the former president's team in state court on Tuesday.
The Oregon Supreme Court may soon make a decision regarding the attempt to eliminate Trump from the state's primary and general election ballots due to his involvement in the January 6 insurrection. The lawsuit was filed by a group of Republican and independent voters in Colorado, in collaboration with the liberal government watchdog group, Citizens for Responsibility and Ethics in Washington.
The voters requested the Supreme Court on Tuesday to make the final decision. In the filing, they emphasized that the Constitution does not provide a right to confuse voters or clutter the ballot with ineligible candidates. They specifically asked the justices to address whether Trump is disqualified from running for office and whether states can enforce the 14th Amendment's clause without federal legislation.
The issue of whether the Fourteenth Amendment prohibits a former President (and current presidential primary front-runner) who engaged in insurrection against the Constitution from holding office again is of crucial national significance, they stated in the submission. With the 2024 presidential primary elections approaching, there is no need to delay addressing these matters." Colorado Secretary of State Jena Griswold made a similar request on Tuesday, seeking a response from the justices on whether Trump can be removed from the ballot, and provided a timetable of impending election deadlines that her office must adhere to.
This story is breaking and will be updated.