In a surprising twist that could have significant implications for the 2024 presidential race, the legal battle over whether Donald Trump can appear on the ballot has taken a dramatic turn this week. The case, focused on an obscure provision of the 14th Amendment that prohibits individuals engaged in insurrection from holding office, is heading towards a pivotal ruling.
As reported by CBS News on Wednesday, December 6, a group of voters is arguing that Trump’s involvement in the January 6th Capitol attack disqualifies him from running for office. This week, 19 Republican-controlled states stepped into the fray, urging Colorado’s Supreme Court to allow voters to decide Trump’s eligibility, warning of potential “electoral chaos” if states independently rule on such complex constitutional matters.
The unexpected support from these states provides a significant boost to Trump’s claims, asserting that only Congress has the authority to enforce the 14th Amendment clause. Their intervention, just days before the court hears oral arguments, not only strengthens Trump’s position but also signals concerns among GOP leadership about states attempting to bar Trump before the 2024 nomination.
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As the clock ticks down to the election, this case stands as the most advanced attempt to prevent Trump from running again. Secretary of State Jena Griswold faces a January 5th deadline to finalize Colorado’s primary ballot. While a state judge previously ruled that the Capitol attack constituted an insurrection engaged in by Trump, Griswold argued that the 14th Amendment only applies to those taking congressional or state oaths, not the presidential oath.
However, the voters appealing this decision argue that such a distinction “makes no sense” when the goal is to prevent dangerous insurrectionists from holding office again. The peculiar loophole in Judge Sarah Wallace’s ruling could potentially exclude low-level officials but not Trump, the alleged ringleader.
The intervention of the 19 Republican states adds complexity to the situation, decrying the patchwork approach that allows different eligibility rules across the nation. Although their brief does not directly address Trump’s conduct, it reflects a sense of panic over states moving to bar him before the GOP nomination race gains momentum.
Despite rivals downplaying the possibility of Trump being ruled ineligible, this week’s surprising turn of events reveals underlying fears of an early ballot blockade. Colorado’s Supreme Court now faces a critical decision, with potential consequences ranging from a state-by-state battle over Trump’s candidacy to resistance from his devoted supporters if he is outright banned.
Regardless of the court’s decision, one thing is clear – this case has taken an explosive turn, and the question of whether Trump can run again may be answered sooner than expected. The political clock is ticking.
