The Colorado Republican State Central Committee (CRSCC)
submitted a petition for a writ of certiorari to the US Supreme Court on Wednesday seeking to reverse a decision by the Colorado Supreme Court. The state court had removed former president Donald Trump from the 2024 Republican primary ballot, determining that he had engaged in an insurrection on
January 6, 2021.
Represented by the American Center for Law and Justice (ACLJ), the CRSCC’s petition focuses on section three of the
Fourteenth Amendment and the
First Amendment’s right of association.
The petition starts by examining specific language in section three of the Fourteenth Amendment, which prohibits any person from holding office in the US if they previously took an oath and engaged in an insurrection or rebellion against the US Constitution. The petitioners argue that the presidency isn’t an office covered under this section, asserting instead that this pertains only to congressmen, state legislators, or state officers. They cite
Article II, Section 4 of the Constitution, which instructs the president to commission all US officers, as support for this argument.
Further, the petitioners argue that the Colorado Supreme Court exceeded its authority as only Congress has the power to enforce section three of the Fourteenth Amendment. They also contend that for this section to apply, Trump must be convicted under
18 USC § 2383, which criminalizes insurrection.
The petition also objects to the Colorado Supreme Court’s decision on the grounds that it infringes on voters’ First Amendment right to association by denying them the possibility to select their primary political candidate of choice.
In a statement, ACLJ attorneys Jay and Jordan Sekulow claimed constitutional rights, democratic elections, and the rights of a party to designate its candidates of choice were all under assault.
Meanwhile, former Colorado Republican state senator and lead plaintiff, Norma Anderson,
expressed her satisfaction with the ruling by the Colorado Supreme Court. She expressed confidence that the court had properly interpreted the Constitution.
In related news, the Michigan Supreme Court
decided not to prevent Trump from appearing on Michigan’s 2024 primary ballot. Similarly, a West Virginia district court
dismissed a lawsuit aiming to exclude Trump’s name from the upcoming primary ballot last week.
For more information, please reference the full report at
JURIST – News.