Former President Donald Trump has formally appealed to the US Supreme Court, seeking to overturn a Colorado state Supreme Court decision that excluded him from the state’s 2024 ballot based on the 14th Amendment’s “insurrectionist clause.” The filing, obtained by CNN, emphasizes the alleged error in Colorado’s ruling, asserting that it contradicts the principles of a “government of the people, by the people, [and] for the people.” The legal move comes amid growing uncertainty over whether Trump, the leading candidate for the GOP presidential nomination, can be barred from public office, with conflicting conclusions from state courts and election officials nationwide.
The Colorado GOP, also involved in the case, submitted a separate appeal a week prior, while the Colorado Supreme Court’s decision has been temporarily halted pending appeals. The state’s primary ballot is scheduled for certification on January 5, with Trump’s name set to appear unless the US Supreme Court intervenes. The urgency is heightened as the first 2024 primary contests are mere weeks away, commencing on Super Tuesday, March 5.
Trump’s legal team contends that the eligibility question for the presidency should be determined by Congress rather than individual states. They argue that the Colorado Supreme Court wrongly concluded an insurrection occurred on January 6, 2021, and that Trump was involved. Trump’s filing disputes the characterization of the events, stating, “It was not ‘insurrection,’ and President Trump in no way ‘engaged’ in ‘insurrection.'”
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Furthermore, Trump’s attorneys assert that the 14th Amendment’s “insurrectionist ban” does not extend to the presidency, challenging the interpretation that would include the highest national office. They argue that such an interpretation defies common sense and is not supported by the Constitution’s text and structure. The legal battle also questions the unprecedented nature of barring a major-party presidential candidate based on judicial assessment.
Despite the violent events on January 6, 2021, Trump’s filing maintains that his speech that day called for peaceful protest. The document includes the full transcript of the speech, emphasizing Trump’s instructions for peaceful and patriotic demonstration. This argument has been consistently rejected by state and federal courts, which found that Trump’s words incited violence.
While the Colorado ruling has immediate implications for the state, a decision by the US Supreme Court could have far-reaching consequences for the nation. Similar challenges to Trump’s eligibility have emerged in other states, including Maine and Oregon, with the potential for a nationwide resolution. A group of Republican and independent voters, in collaboration with a government watchdog group, has urged the Supreme Court to make the final decision, emphasizing the national importance of clarifying whether the 14th Amendment prevents a former president engaged in insurrection from seeking office again. The urgency is underscored by the imminent 2024 presidential primary elections, prompting the call for swift resolution from the highest court. Colorado Secretary of State Jena Griswold has also petitioned the justices, seeking clarity on whether Trump can be removed from the ballot, accompanied by a timetable of impending election deadlines.
