Legal representatives for a coalition comprising civil rights groups, election officials, and voters have petitioned the Supreme Court to declare that former President Donald Trump is ineligible to run for president in 2024. They cite his alleged role in inciting the violent insurrection at the U.S. Capitol on January 6, 2021.
This move comes in response to Trump’s appeal of a significant ruling by the Colorado Supreme Court, which found that Trump violated the 14th Amendment of the U.S. Constitution by leading a rebellion against the lawful government of the United States. ABC News reported on Saturday, January 27, 2024.
The Colorado court had already prohibited Trump from appearing on the state’s Republican primary ballot for the 2024 presidential election, asserting that he posed a “clear and present danger” to the nation’s democracy.
In a brief, supported by over a dozen amicus curiae, the legal team urged the justices to uphold the Colorado court’s decision and assert that Trump is disqualified from federal office under Section 3 of the 14th Amendment. This section stipulates disqualification for individuals engaged in insurrection or rebellion against the United States.
The brief argued that Trump violated his oath of office by refusing to accept the 2020 election results and encouraging supporters to storm the Capitol on January 6, 2021, attempting to prevent the certification of Joe Biden’s victory by Congress. Evidence presented in the brief included Trump’s tweets, speeches, phone calls, and actions before, during, and after the riot.
It further contended that Trump provided aid or comfort to the enemies of the United States by undermining the election’s legitimacy, spreading false claims of voter fraud, and inciting violence against elected officials, law enforcement, and journalists. The brief highlighted the severe consequences of the riot, including five deaths, numerous injuries, and significant damage to the Capitol and its contents.
Arguing that Trump’s disqualification was necessary to protect the nation’s constitutional order and national security, the brief cautioned against the potential threat posed by Trump running for president again. It emphasized the importance of preventing a recurrence of the events that transpired on January 6, 2021.
Trump, who has consistently denied responsibility for the Capitol riot and insisted the 2020 election was rigged, filed his appeal on January 10, 2024. He argued that the Colorado court’s ruling was unconstitutional, unprecedented, and politically motivated, asserting his right to free speech and challenging election results without inciting violence. Several Republican lawmakers, conservative groups, and former administration members supported Trump’s appeal, claiming it violated his rights and interfered with voters’ will.
The Supreme Court has yet to decide on hearing Trump’s appeal or affirming or reversing the Colorado court’s ruling. A decision is expected by the end of February 2024.