Supreme Court Justice Samuel Alito recently spoke out against the controversial decision made by the Colorado Supreme Court to deny former President Donald Trump ballot access in the state. This ruling not only affects Trump’s chances of being on the ballot in Colorado, but also sets a precedent that could potentially allow red states to similarly kick President Joe Biden off their ballots.
In December of last year, the Colorado Supreme Court determined that Trump was ineligible to appear on the ballot in the state. This decision was based on the argument that Trump’s involvement in the January 6, 2021 Capitol riot constituted participation in an insurrection, thus making him ineligible to hold federal office under Section 3 of the 14th Amendment. The amendment, which was ratified after the Civil War, prohibits individuals who have engaged in insurrection or rebellion from holding political office.
Supreme Court Justice Samuel Alito smacks Joe Biden during Donald Trump's 14th Amendment Case before SCOTUS.
"Suppose there is a country that proclaims again and again and again that the United States is its biggest enemy, and suppose that the president of the United States for… pic.twitter.com/3s4onZ1ewR
— Conservative Brief (@ConservBrief) February 8, 2024
Trump’s legal team immediately appealed the decision to the U.S. Supreme Court, which agreed to hear the case. During oral arguments, Justice Alito raised an important point, asking whether a state could use a similar reasoning to disqualify a candidate who had provided aid and comfort to a country that declared the United States as its enemy. This hypothetical situation is a clear reference to Biden’s decision to lift sanctions on Iran and provide them with billions of dollars, a country known for its support of terrorist organizations and attacks on American interests.
Chief Justice John Roberts also expressed concern about the implications of the Colorado ruling. He pointed out that if this decision stands, many states may choose to disqualify the Democratic or Republican candidate from appearing on the ballot, ultimately giving only a handful of states the power to decide the presidential election. This is an alarming consequence that could heavily impact the democratic process.
In response to these concerns, the attorney representing Colorado voters argued that the potential for frivolous applications of the 14th Amendment should not prevent the Supreme Court from ruling in their favor. However, Chief Justice Roberts pushed back, emphasizing that the term “insurrection” is broad and different states may have different standards and rules when it comes to disqualification proceedings. This could lead to a chaotic and inconsistent process that could undermine the integrity of the election.
In fact, back in December, GOP lawmakers in Pennsylvania, Arizona, and Georgia introduced legislation to remove Biden from the ballot in their states, using the same reasoning that the former president engaged in an insurrection by not enforcing immigration laws at the southern border. Even Texas’ Lieutenant Governor Dan Patrick suggested that they could consider removing Biden from their ballot due to the border crisis. These examples demonstrate the dangerous precedent that Colorado’s decision could set if upheld by the Supreme Court.
The questions raised by the Supreme Court justices, both conservative and liberal, suggest that they are skeptical of Colorado’s decision and its potential implications. It is possible that we could see a unanimous ruling in favor of allowing Trump to be on the ballot, as it would be a dangerous precedent to set for states to use broad interpretations of the 14th Amendment to exclude candidates from the election.
SCOTUS Chief Justice John Roberts poses hypothetical to Colorado voters’ attorney about what could happen if the state is allowed to disqualify Trump from the 2024 ballot:
“If Colorado's position is upheld, surely there will be disqualification proceedings on the other side.” pic.twitter.com/EYoa9nr7nH
— The Recount (@therecount) February 8, 2024
Only time will tell how the Supreme Court will ultimately rule, but it is clear that this case has significant implications for the future of our electoral process. Democrats better tread lightly, if they allow Trump to be written off I can think of several states that will write delulu Biden off immediately.