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The U.S. Supreme Court will soon debate whether former President Donald Trump should be removed from Colorado’s primary ballot, the first of what could be several legal challenges by Trump to confront the nine justices.
At issue is whether Trump committed “insurrection” by inciting a crowd to storm the U.S. Capitol Jan. 6, 2021, and whether that would make him constitutionally ineligible to be re-elected president. That, in turn, could block him from appearing on a state primary ballot as a candidate for that office.
Oral arguments are scheduled for Thursday at 10 a.m. ET, and an expedited ruling could come within days or weeks.
The issues have never been tested at the nation’s highest court and are framed as both a constitutional and political fight with enormous stakes for public confidence in the judicial system and the already divisive electoral process.
TRUMP ASKS SUPREME COURT TO KEEP NAME ON COLORADO BALLOT
The U.S. Supreme Court will be listening to oral arguments on whether Trump committed “insurrection” Jan. 6, 2021, and whether that disqualifies him constitutionally from being re-elected president. (Michael M. Santiago)
The wording
The 14th Amendment, Section 3 of the Constitution states, “No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Colorado’s highest court in December ruled that clause covers Trump’s conduct on Jan. 6, 2021, and therefore does apply to a president despite not being explicitly indicated in the text.
“President Trump is disqualified from holding the office of president,” the state court wrote in an unsigned opinion. “Because he is disqualified, it would be a wrongful act under the election code for the secretary to list him as a candidate on the…
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