Monday, May 17th, the Supreme Court set the stage for a ruling on Donald Trump’s attempt to challenge a previous court decision that would keep him from appearing on the Colorado ballot. The court did not reveal its decision, but announced on its website that a ruling would be made public soon.
The dispute began with a Colorado Supreme Court decision that cited Section 3 of the 14th Amendment as the reason for keeping Trump off the ballot. This section disqualifies anyone who engaged in an insurrection from holding elected office. The interpretation of this section and its application to Trump’s post-election actions were fiercely debated between Trump’s legal team and the Colorado voters who wanted him removed from the ballot.
However, the order to remove Trump from the ballot was put on hold when he appealed. This means that for now, he will still be included on the Republican primary ballot in Colorado on Tuesday, according to NBC.
Trump’s lawyer, Jonathan Mitchell, argued that the events on January 6th, 2021 did not constitute an insurrection as stated in Section 3 of the 14th Amendment. He stated that an insurrection requires an organized and concerted effort to overthrow the government through violence, which he believes was not the case.
Commentator Amy Howe, who writes for the Supreme Court blog, noted that after the oral arguments on February 8th, the speculation was in Trump’s favor. Howe pointed out that the justices, regardless of their political leanings, were skeptical about allowing states to decide who can appear on the ballot. This decision would have significant consequences for the rest of the country and create difficulties for courts to review the decisions.
Justice Elena Kagan, who typically aligns with the liberal wing of the court, raised concerns about the implications of allowing one state to disqualify a candidate and essentially determine the outcome of the presidential election. She expressed that this issue sounds more national than state-based.
Justice Amy Coney Barrett also questioned the power of states to exclude a candidate from the ballot, stating that this decision should not be a state’s call.
Justice Samuel Alito and Chief Justice John Roberts echoed similar concerns, with Roberts cautioning that if Trump is removed from the ballot, it opens the door for other states to try and disqualify President Joe Biden. This could result in only a handful of states deciding the outcome of the entire presidential election, which they found to be a daunting consequence.
Aside from the Colorado Supreme Court ruling, Trump has also been excluded from the ballot in Illinois and Maine, but these decisions are on hold pending appeals. The ruling in Colorado could set a precedent for these cases as well.
The Supreme Court website is now saying there will be rulings tomorrow.
With Colorado's primary taking place on Tuesday, it would seem quite likely that they will decide the Trump ballot eligibility case. pic.twitter.com/Q5lcaDEKPv
— Lawrence Hurley (@lawrencehurley) March 3, 2024
In conclusion, the Supreme Court’s upcoming ruling on Trump’s appeal could have significant implications not only for the upcoming Colorado primary but also for future elections and states’ ability to determine who appears on their ballots. The disagreement between Trump’s legal team and the Colorado Supreme Court highlights the complexity of interpreting and applying the 14th Amendment and its impact on elections.