Categories
Elections U.S. Supreme Court

U.S. Supreme Court Asked to Opine on Trump Ballot Access

The Colorado Republican Party has asked the United States Supreme Court to issue an opinion on Donald Trump’s ability to be on the ballot in 2024.

Both Colorado and Maine have currently said that Trump cannot be on the ballot in 2024. Both states cite the U.S. Constitution’s (14th Amendment, Section 3) prohibition on someone holding office who was “engaged in insurrection.” While Trump has been accused of being engaged in insurrection, he has not been convicted of insurrection.

In its petition to the U.S. Supreme Court, the Colorado GOP said, in part,

“By excluding President Trump from the ballot, the Colorado Supreme Court engaged in an unprecedented disregard for the First Amendment right of political parties to select the candidates of their choice and a usurpation of the rights of the people to choose their elected officials.”

Citation

You can the Colorado GOP’s full petition to the U.S. Supreme Court here.

Trump had reacted to the initial decision by Colorado’s Supreme Court decision to bar him from the ballot by saying on Truth Social,

“WHAT A SHAME FOR OUR COUNTRY!!!”

Colorado’s Supreme Court had stated at the time of its decision,

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

Citation

You can read the court’s full opinion here.

Because of the Colorado GOP’s appeal to the U.S. Supreme Court, the decision to bar Trump has been delayed until January 4th, or until the Supreme Court weighs in on the issue.

President Joe Biden told reporters that he believes Trump supported insurrection. He stated,

“Whether the 14th Amendment applies or not, we’ll let the court make that decision. But her certainly supported an insurrection. There’s no question about it. None. Zero. And he seems to be doubling down on it.”

Citation

Trump is facing ballot access lawsuits in over a dozen other states. Over a dozen other states have had cases dismissed by higher courts, dismissed by plaintiffs, or have pending appeals. You can follow the cases at Lawfaremedia.org, which is tracking the cases. (Hyperlink).

The U.S. Supreme Court has not issued a decision on whether it will hear the appeal to the Colorado Trump ballot question.

Leave a Reply

Your email address will not be published. Required fields are marked *