DENVER (AP) — The Colorado Republican Party appealed the state’s ruling Wednesday. Supreme Court decision who found the former president Donald Trump is ineligible for the presidency, a potential first step toward a showdown before the nation’s highest court over the meaning of a 155-year-old constitutional provision which bans from office those who “engaged in insurrection.”
The first impact of the appeal is to extend the stay of the 4-3 decision by Colorado’s highest court, which stayed its ruling until Jan. 4, the day before the state’s primary polls are scheduled to take place in the printer, or until a call. before the United States Supreme Court is over. Trump himself said he still plans to appeal the decision to the nation’s highest court.
The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, added after the Civil War to prevent former Confederates from returning to government. It states that anyone who took an oath to “support” the constitution and then “engaged in insurrection” against it cannot hold government office.
The Colorado High Court ruled that this applies to Trump following his role in the January 6, 2021 attack on the U.S. Capitol, intended to prevent the certification of President Joe Biden’s victory in the presidential election of 2020. It was the first time in history that this provision was used to block the campaign of a presidential candidate.
“The Colorado Supreme Court excluded the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy,” the party’s lawyers wrote. The filing was posted on the website of a group led by Jay Sekulow, a former Trump lawyer representing the Colorado Republican Party, who announced he was filing an appeal Wednesday. Colorado Republican Party Chairman Dave Williams also said the appeal was filed Wednesday.
The attorneys added: “Unless the Colorado Supreme Court’s decision is overturned, any voter will have the power to file a lawsuit to disqualify any political candidate, in Colorado or any other jurisdiction who follows their lead . Not only would it distort the 2024 presidential election, it would also embroil the courts in political controversies over nebulous accusations of insurrection.”
The U.S. Supreme Court is expected to take up the case, either after the Colorado Republican Party appeals or after Trump himself appeals. If Trump finds himself excluded from the polls in Colorado, it would have minimal effect on his campaign because he does not need the state, which he lost by 13 percentage points in 2020, to win the electoral college to the presidential election. But that could open the door to courts or election officials removing him from voter rolls in other must-win states.
Sean Grimsley, the lawyer for the plaintiffs seeking to disqualify Trump in Colorado, said on a legal podcast last week that he hoped the nation’s highest court would hurry once it accepted the case, as he expects him to do so. “We’re obviously going to ask for an extremely accelerated schedule for all the reasons I’ve mentioned, we have a primary coming up on Super Tuesday and we need to know the answer,” Grimsley said.
More than a dozen states, including Colorado, are scheduled to hold primaries on March 5, Super Tuesday.
To date, no other court has sided with those who have filed dozens of lawsuits to disqualify Trump under Article 3, and no election official has been willing to unilaterally remove him from the ballot without court order.
The Colorado case, however, was considered to have the greatest chance of success because it was filed by a liberal group based in Washington, D.C. with numerous legal resources. All seven justices on Colorado’s high court were appointed by Democrats.
However, the unprecedented constitutional questions in this case do not divide along sharply partisan lines. Several prominent conservative legal theorists are among the strongest advocates of Trump’s disqualification under Section 3. They argue that the plain meaning of the constitutional language bars him from running again, just as clearly as if he did not. had not reached the minimum age of 35 set in the document. The Presidency.
The half-dozen plaintiffs in the Colorado case are all Republican or unaffiliated voters.
Trump has been scathing about the cases, calling them “election interference.” He continued this on Wednesday by welcoming a decision taken earlier in the day by the Michigan Supreme Court leaving him on the ballot, at least for the primary, in this state.
“The people of Colorado have embarrassed our nation with what they’ve done,” Trump said on Sean Hannity’s radio show.
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