In a recent filing, former President Donald Trump, has asked the U.S Supreme Court to overturn a ruling by the Colorado Supreme Court, asserting it has “no authority to deny him” a place on the state’s ballot for the upcoming 2024 presidential election. He contends that if the state court’s decision prevails, it could potentially be a blueprint for the disenfranchisement of tens of millions of voters nationwide. Trump’s assertion relates to a filing obtained by the Washington Post.
The Colorado Supreme Court’s ruling on Dec. 19, 2023, determined Trump ineligible to serve as president under Section 3 of the 14th Amendment to the Constitution. This section restricts anyone who has served as an officer of the United States and previously sworn an oath to support the U.S. Constitution from holding any office under the United States, especially if proven to have engaged in insurrection.
Disagreeing with the state court’s ruling, Trump maintains that Congress, not state courts, should decide eligibility for presidential candidacy. According to Trump, Section 3 cannot apply to him since the president is not regarded as an officer of the United States, thus the presidency does not qualify as an office under the United States. Additionally, he disputes the characterization of the Jan. 6 incidents as an “insurrection”, stating that he “never told his supporters to enter the Capitol”, but urged them to protest “peacefully and patriotically”.
Citing warnings from the Colorado Republican Party that the state court’s decision could potentially distort the 2024 presidential election, Trump insists the U.S Supreme Court should intervene promptly. The Colorado Secretary of State, Jena Griswold, also concurs that the Supreme Court should expedite court proceedings on whether Section 3 applies to Trump and if states can enforce Section 3.
This article was originally published at Howe on the Court.