Colorado Republican Party Appeals Trump Ballot Ban to U.S. Supreme Court
The Colorado Republican Party has appealed the state's Supreme Court decision that found former President Donald Trump ineligible for the presidency, potentially setting up a showdown at the U.S. Supreme Court over a 155-year-old constitutional provision.
Background on the Appeal
The Colorado Republican Party has taken the first step in appealing the state's Supreme Court decision that declared former President Donald Trump ineligible for the presidency. This move could lead to a significant legal battle at the U.S. Supreme Court to determine the interpretation of a constitutional provision that bans individuals who engaged in insurrection from holding office.
The appeal has resulted in the stay of the 4-3 ruling from Colorado's highest court, extending the decision until January 4. This gives the party more time to pursue the appeal and await a potential review by the U.S. Supreme Court. Trump himself has also expressed his intention to appeal the ruling to the nation's highest court.
Uncharted Territory at the U.S. Supreme Court
Section 3 of the 14th Amendment, which prohibits former Confederates from returning to government, has never been ruled upon by the U.S. Supreme Court. It states that those who swore an oath to support the constitution and engaged in insurrection cannot hold government office.
The Colorado high court applied this provision to Trump due to his involvement in the January 6, 2021, attack on the U.S. Capitol. This marked the first time in history that the provision was used to block a presidential candidate's campaign.
If the U.S. Supreme Court takes up the case, it will make a landmark decision regarding the interpretation and application of Section 3.
Implications and Controversies
The Colorado Republican Party argues that the ruling fundamentally alters American democracy by removing the leading Republican candidate from the primary and general ballots. They warn of potential consequences beyond the 2024 presidential election, as any voter could sue to disqualify candidates based on nebulous accusations of insurrection.
While Colorado may not significantly impact Trump's campaign due to its previous loss in the state, it could set a precedent for other states to potentially remove Trump from their ballots. The U.S. Supreme Court's handling of the case will have far-reaching consequences for future elections and the adherence to constitutional provisions.
The case has also highlighted a unique split among scholars and legal theorists, as some conservative proponents argue that the constitutional language plainly prohibits Trump from running again, similar to not meeting the minimum age requirements.
