The Colorado Republican Party has lodged a petition with the US Supreme Court, requesting it to overrule the state’s Supreme Court’s December 19, 2023, verdict which found Donald Trump ineligible for the 2024 presidential ballot due to his attempts to upend the 2020 election results. This move is poised to set up a potential precedent-setting tussle that could decide the former President’s eligibility to make a return to the Oval Office. Bloomberg Law reported.
The Colorado Supreme Court marked a first in the nation’s history by ruling that Trump’s actions fell under the US Constitution’s 14th Amendment, which prohibits individuals who have incited insurrection against the government from holding federal office. The Colorado GOP argues that the state’s court lacked jurisdiction to determine if Trump incited such insurrection. They also expressed concern that this unprecedented ruling could lead to upheaval at the polls.
In their appeal, Colorado Republicans asserted that the decision would not only skew the 2024 presidential election but also embroil courts in ongoing political discord through vague accusations of insurrection. According to them, the presidency does not fall under a federal office protected by the 14th Amendment, and its execution, if any, necessitates separate legislation.
Conversely, the state supreme court, in a 4-3 vote, disagreed on both cited issues, and concluded that Trump actively and willingly participated in an insurrection culminating in the Capitol attack. The ruling pointed to Trump’s baseless claims of a stolen election and his contribution to inciting an armed crowd on January 6. Despite the influx of rioters in the Capitol, Trump demanded that then Vice-President Mike Pence reject certifying the election results.
The verdict by the Colorado Supreme Court still lets Trump’s name appear on the presidential primary ballot, pending a final decision by the US Supreme Court. Owing to the Supreme Court’s standard procedures, it could take months for the justices to announce if they will hear the appeal. The plaintiffs contesting Trump’s eligibility can apply to have the case expedited.