Colorado Republican Party Appeals State Supreme Court Decision
The Colorado Republican Party on Wednesday appealed that state's Supreme Court decision that found former President Donald Trump is ineligible for the presidency, the potential first step to a showdown at the nation's highest court over the meaning of a 155-year-old constitutional provision that bans from office those who "engaged in insurrection."
The first impact of the appeal is to extend the stay of the 4-3 ruling from Colorado's highest court, which put its decision on pause until Jan. 4, the day before the state's primary ballots are due at the printer, or until an appeal to the U.S. Supreme Court is finished. Trump himself has said he still plans to appeal the ruling to the nation's highest court as well.
The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, which was added after the Civil War to prevent former Confederates from returning to government. It says that anyone who swore an oath to "support" the constitution and then "engaged in insurrection" against it cannot hold government office.
Colorado High Court Rules Against Trump in Election Disqualification Case
In a landmark decision, the Colorado high court has ruled that the provision allowing voters to sue and disqualify political candidates applies to former President Donald Trump. This comes in the aftermath of his role in the attack on the U.S. Capitol on January 6, 2021, which was aimed at preventing the certification of President Joe Biden's victory in the 2020 presidential election. This marks the first time in history that this provision has been used to block a presidential contender's campaign.
The attorneys for the Republican Party expressed their concerns about the court's ruling, stating, "The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy."
They further added, "Unless the Colorado Supreme Court's decision is overturned, any voter will have the power to sue to disqualify any political candidate, in Colorado or in any other jurisdiction that follows its lead. This will not only distort the 2024 presidential election but will also mire courts henceforth in political controversies over nebulous accusations of insurrection."
The case is expected to reach the U.S. Supreme Court, either through the Colorado GOP's appeal or Trump's own appeal. If Trump is ultimately removed from the ballot in Colorado, it would have minimal impact on his campaign as he did not win the state by a significant margin in the 2020 election. However, this ruling could potentially set a precedent for other states to consider disqualifying him from their ballots.
Plaintiffs in Colorado Seek to Disqualify Trump Before Super Tuesday
Attorney Sean Grimsley, representing the plaintiffs in the case to disqualify Donald Trump in Colorado, expressed his hope that the Supreme Court will expedite the proceedings once it accepts the case. Grimsley emphasized the need for an accelerated timeline due to the upcoming Super Tuesday primary.
"We obviously are going to ask for an extremely accelerated timeline because of all the reasons I've stated, we have a primary coming up on Super Tuesday and we need to know the answer," Grimsley said.
With more than a dozen states, including Colorado, scheduled to hold primaries on March 5, the urgency to resolve the case has increased.
Despite numerous lawsuits filed to disqualify Trump under Section 3, no court has ruled in favor of the plaintiffs, and no election official has taken action without a court order.
The Colorado case, brought forth by a liberal group based in Washington D.C., was seen as having the highest chance of success due to their ample legal resources. The fact that all seven Colorado high court justices were appointed by Democrats further added to this perception.
However, the case has not followed predictable partisan lines, as some conservative legal theorists have also voiced support for disqualifying Trump under Section 3. They argue that the constitutional language clearly prohibits him from running again, similar to how it sets a minimum age requirement for the presidency.
The Colorado case involves six plaintiffs who are all Republican or unaffiliated voters. President Trump has strongly criticized these cases, referring to them as "election interference." On Wednesday, he expressed his satisfaction with a ruling by the Michigan Supreme Court that allowed him to remain on the ballot, at least for the primary, in that state. During an interview on Sean Hannity's radio show, Trump stated, "The Colorado people have brought shame upon our nation with their actions."
