Former President Donald Trump filed a petition at the U.S. Supreme Court on Wednesday calling for it to overrule the Colorado Supreme Court’s decision to remove him from the 2024 presidential ballot.
The Colorado Supreme Court barred Trump from the ballot in a 4-3 ruling last month, citing the 14th Amendment.
Section 3 of the 14th Amendment provides that anyone who has sworn an oath to the Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” is ineligible for office.
The Colorado Supreme Court found that Trump’s role in the Jan. 6, 2021, Capitol incursion amounted to participation in an insurrection. All seven justices were appointed by Democratic governors of the state.
It is a violation of federal law to engage in a rebellion or insurrection, with a maximum penalty of 10 years in prison. Trump supporters have noted that he has not been charged with, much less convicted of, any such crime.
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Trump campaign attorney Harmeet Dhillon posted on X, “It’s true. We just filed our … petition in the Colorado 14th Amendment case. Proud to stand on the side of the Constitution and with [Trump].”
It’s true. We just filed our cert. petition in the Colorado 14th Amendment case. Proud to stand on the side of the Constitution and with @realDonaldTrump! pic.twitter.com/dquPr9nHCx
— Harmeet K. Dhillon (@pnjaban) January 3, 2024
Colorado Secretary of State Jena Griswold determined that if the U.S. Supreme Court does not make a decision on whether to hear the case by Thursday, Trump’s name must be placed on the ballot, as George Washington University law professor Jonathan Turley noted on X.
…The issue is now the clock. The Colorado Supreme Court mandated that, if the Supreme Court does not act by tomorrow, Trump will be left on the ballot. The question is whether Colorado will seek to moot out the case to avoid review. https://t.co/O4WUTPAM4y
— Jonathan Turley (@JonathanTurley) January 3, 2024
Democratic Maine Secretary of State Shenna Bellows also unilaterally decided last month that Trump is ineligible to appear on the state’s ballot. On Tuesday, the Trump campaign appealed that decision to the U.S. Supreme Court.
After the Colorado ruling last month, Trump campaign spokesman Steven Cheung said, “The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision.”
“We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” he added.
The supreme courts in Michigan and Minnesota have already rejected bids to have Trump removed from their respective states’ ballots. More than a dozen states have similar cases pending.
Trump is currently the prohibitive front-runner in the Republican presidential primary race. He is also leading President Joe Biden in multiple recent general election polls.
