On Jan 5, the Supreme Court agreed to consider whether former President Donald Trump should be disqualified from the ballot in Colorado, thrusting the justices into the heart of the 2024 presidential campaign.
The court will hear oral arguments in the case on Feb. 8.
Both Trump and the Colorado voters who sued to bar him had asked the high court to weigh in and determine whether a part of the 14th Amendment designed to keep Confederates out of government after the Civil War should apply to the former president and leading contender for the GOP nomination later this year.
The question is an urgent one, since states are preparing to print ballots for absentee voters, military service members and Americans overseas in the coming weeks. Voters in Colorado mostly vote by mail and preparations before the contest on March 5 are well underway there.
Colorado officials said Trump would remain on the ballot during the course of an appeal.
During Dec. 2023, the Colorado Supreme Court set off the equivalent of a legal earthquake when it kicked Trump off the Republican primary ballot. The court majority concluded that he violated his oath of office and that his actions around the storming of the U.S. The Capitol in 2021 amounted to participating in an “insurrection.”
Trump’s attorneys urged the U.S. Supreme Court to reverse that ruling quickly, arguing that if it is allowed to stand, it would “mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate.”
In a statement released on Jan. 5, the Trump campaign said it welcomed a “fair hearing” by the nation’s highest court adding, “we are confident that the fair-minded Supreme Court will unanimously affirm the civil rights of President Trump, and the voting rights of all Americans.”
However the justices rule, it could have implications nationwide. Besides Colorado, the secretary of state in Maine recently disqualified Trump from that state’s ballot based on similar reasoning. Michigan and California reached different conclusions. Legal challenges are pending in more than a dozen other states.
Trump’s attorneys told the court only Congress can decide who is eligible to serve as president. They said the actions by a court in Colorado and a state official in Maine deprived voters of their right to vote for a candidate of their choice.
Lawyers for Colorado voters said in their own court filing that “the Court should nevertheless decide the merits on an accelerated basis to reduce voter confusion and ensure that primary voters cast their vote knowing whether Trump is disqualified from the Presidency.” Ballots there must be returned by March 5, to be counted.
Colorado’s own Supreme Court took pains to acknowledge the consequences of its action.
“We do not reach these conclusions lightly,” the court majority wrote. “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.”
The removal of Trump from ballots in multiple states has sparked widespread debate and raised questions about the future dynamics of political participation. As the legal and electoral processes unfold, the decision’s implications will undoubtedly shape the narrative surrounding the former president’s political influence.
Bette M • Jan 27, 2024 at 8:29 am
It is disgusting to know that in the great US a high official who is a model of such crimes that are not acceptable within our American culture can be allowed to be sought out as president once again. How is it that our morals and standards have been so dumbed down to allow such astrocity. It is insane to know what our country has become!
Janet Crespin • Jan 26, 2024 at 9:20 pm
I live in Colorado and have the right to vote for whoever I want to! I never voted to take Trump off the ballot. I will still vote for him!