Supreme Court to decide whether Trump can be kept off the Colorado ballot

Court agrees to accept former president's request to review decision

The US Supreme Court has agreed to hear oral arguments in a case that will determine whether Colorado can remove former President Donald Trump from its 2024 election ballot.

In various order issued on Friday, the high court accepted the petition for a writ of certiorari in the case of Donald Trump vs. Norma Andersonsetting oral arguments for February 8.

Last month, the Colorado Supreme Court issued a per curiam opinion in which it ruled that Trump cannot be placed on the ballot for the 2024 election, citing his alleged connection to the January 6, 2021 Capitol riot.

Specifically, the high court cited Section 3 of the 14th Amendment to the United States Constitution, which prohibits people from holding public office who have “engaged in rebellion or insurrection against the same, or given aid or comfort to the enemies thereof.”

“President Trump is disqualified from holding the office of president under Section Three; because he is disqualified, it would be a wrongful act under the Elections Code for the Secretary to list him as a candidate in the presidential primary,” read the per curio. a decision

“We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are equally mindful of our solemn duty to apply the law, without fear or favor, and without being influenced by public reaction to the decisions that the law compels we achieve.”

Colorado Chief Justice Brian Boatwright wrote a dissent to the opinion, arguing that the state's highest court overstepped its scope when it ruled that Trump had engaged in sedition.

“Unlike qualifications such as age and place of birth, application of Section Three requires courts to define complex terms, determine legislative intent dating back more than 150 years, and make factual findings foreign to our election code,” Boatwright wrote.

“Dismissal is particularly appropriate here because the Selectmen brought their challenge without a due process determination (eg, prosecution for a riot-related offense) with more rigorous procedures to ensure adequate due process.”

In response to the decision, Trump filed an appeal with the U.S. Supreme Court on Wednesday, asking the nation's high court to overturn the state Supreme Court ruling.

“The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide,” the appeal argued.

“By considering the question of President Trump's eligibility and barring him from the ballot, the Colorado Supreme Court has arrogated the authority of Congress.”

The appeal also warned that if the Colorado Supreme Court's ruling stands, it “will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the major party's primary presidential candidate.”

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