Trial Coverage
Read more about our Trump 14th Amendment case here.
Lawyers for former President Donald Trump on Wednesday officially asked the U. S. Supreme Court to reconsider the Colorado Supreme Court’s landmark ruling last month that the 2024 Republican front-runner will not be allowed to participate in the state’s elections under a Civil War-era insurrection clause.
Trump’s request for certiorari — a formal order for a case to be heard in the Supreme Court — is separate from an appeal filed Dec. 28 through the Colorado Republican Party, which is also a party to the case. It also follows two earlier briefs supporting expedited review by the plaintiffs who brought the case to Colorado in September and by Colorado Secretary of State Jena Griswold, who was named as a defendant in the lawsuit.
A U. S. Supreme Court review was widely expected in the wake of the Colorado Supreme Court’s landmark Dec. 19 decision, in which a 4-3 majority of the court’s justices sided with the plaintiffs’ argument that Trump’s moves in connection with the Jan. 6 attack on the U. S. Capitol were largely expected. The U. S. Constitution disqualifies him from his duties under the 14th Amendment to the U. S. Constitution. U. S. Article 3 of the amendment, ratified after the Civil War but implemented only a few times in the past 150 years, prohibits a user from taking an oath. to the Constitution and then “engaged in insurrection” to prevent him from taking his place of work again.
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The court’s decision, along with a second order barring Trump from voting for Maine Secretary of State Shenna Bellows on Dec. 28, was harshly criticized by top Republicans, adding Trump’s rivals for the 2024 Republican presidential nomination.
Colorado Secretary of State Calls for Swift U. S. Supreme Court Action on Trump Vote Case
In their petition to the U. S. Supreme Court, Trump’s lawyers argue that Colorado’s law undermines a “fundamental precept of our representative democracy. “
“Colorado’s resolution is not and cannot be correct,” Trump’s petition reads. “This Court deserves to grant certiorari to this critically vital issue, summarily reverse the Colorado Supreme Court’s ruling, and repair the electorate’s right to vote for the candidate of their choice. “
Trump was indicted earlier this year by federal prosecutors who allege that his “widespread and destabilizing lies” about the effects of the 2020 election “targeted a basic service of the U. S. federal government. “Since announcing he would run for president in 2024, he has held a really wide lead over his rivals in the polls for the GOP nomination.
Six Republican and unaffiliated Colorado voters, backed by the nonprofit Citizens for Responsibility and Ethics in Washington, filed their lawsuit against Trump and Griswold in September. An initial ruling by a Denver District Court judge rejected the plaintiffs’ case, endorsing a theory advanced by Trump’s team and a handful of conservative legal scholars who argue that Section 3’s reference to “officer(s) of the United States” does not include the president.
The Colorado Supreme Court’s majority opinion overturned this conclusion, ruling that the assertion “that Section 3 disqualifies any rebel who violates the oath, the ultimate power. . . (is) inconsistent with the plain language and history of segment 3. “
The 43-page brief filed through Trump’s team on Wednesday revives the argument that the president is barred from disqualification under the insurrection clause, as well as what it calls “numerous other grounds for overthrow,” adding the assertion that the clause calls for congressional action, that the Jan. 6 attack was not an “insurrection” and that Trump did not “participate” in an insurrection.
The Colorado Supreme Court put its ruling on hold pending a likely appeal to the U. S. Supreme Court, meaning Trump’s call will continue to appear on the Republican Party’s No. 1 ballot unless the court rejects the programs. certiorari before Colorado’s certification deadline of January 5.
All parties in the case have suggested the Supreme Court expedite proceedings ahead of a busy number one calendar in 2024, with demanding situations similar to Trump’s eligibility for the ongoing election in at least a dozen other states. Following Trump’s call, Griswold called the court again to “review the matter as expeditiously as possible. “
“Coloradans — and the American people — deserve clarity on whether someone who engaged in insurrection may run for the country’s highest office,” Griswold said in a press release.
Colorado’s 2024 presidential primary is scheduled for “Super Tuesday,” March 5.
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by Chase Woodruff, Colorado Newsline January 3, 2024
Trial Coverage
Read more about our Trump 14th Amendment case here.
Attorneys for former President Donald Trump on Wednesday formally asked the U.S. Supreme Court to review last month’s historic ruling by the Colorado Supreme Court that the 2024 Republican frontrunner should be barred from the state’s ballot under a Civil War-era insurrection clause.
Trump’s petition for a writ of certiorari — a formal order for a case to be heard before the Supreme Court — is separate from an appeal filed on Dec. 28 by the Colorado Republican Party, which is also a party to the case. It also follows two earlier briefs supporting an expedited review from the plaintiffs who brought the case in Colorado in September and from Colorado Secretary of State Jena Griswold, who was named as a defendant in the lawsuit.
A U.S. Supreme Court review has been widely anticipated following the Colorado Supreme Court’s seismic Dec. 19 ruling, in which a 4-3 majority of the court’s justices sided with the plaintiffs’ argument that Trump’s actions in relation to the Jan. 6 attack on the U.S. Capitol disqualify him from office under the 14th Amendment to the U.S. Constitution. Section 3 of the amendment, ratified in the wake of the Civil War but enforced only a handful of times in the last 150 years, prohibits a person who took an oath to support the Constitution and then “engaged in insurrection” from holding office again.
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The court’s decision, along with a second order barring Trump from voting for Maine Secretary of State Shenna Bellows on Dec. 28, was harshly criticized by top Republicans, adding Trump’s rivals for the 2024 Republican presidential nomination.
Colorado secretary of state urges swift U.S. Supreme Court action in Trump ballot case filing
In their petition to the U.S. Supreme Court, Trump’s attorneys write the Colorado ruling undermines a “fundamental principle of our representative democracy.”
“Colorado’s resolution is not and cannot be correct,” Trump’s petition states. “This Court deserves to grant certiorari to this vitally important issue, summarily reverse the Colorado Supreme Court’s ruling, and repair the right of the electorate to vote for the candidate of their choice. “
Trump was indicted earlier this year by federal prosecutors who allege that his “pervasive and destabilizing lies” about the results of the 2020 election “targeted a bedrock function of the United States federal government.” Since announcing that he would seek the presidency again in 2024, he has maintained a substantial polling lead over his rivals for the GOP nomination.
Six unaffiliated Republican electors in Colorado, subsidized through the Washington-based nonprofit Citizens for Responsibility and Ethics, filed a lawsuit against Trump and Griswold in September. An initial ruling through a Denver district court dismissed the plaintiffs’ case. backing a theory put forward by Trump’s team and a handful of conservative jurists who argue that Article 3’s reference to “U. S. officials” doesn’t come with the president.
The Colorado Supreme Court’s majority opinion reversed this conclusion, holding that the assertion “that Section 3 disqualifies any insurrectionist who violates the oath, the ultimate power . . . (is) inconsistent with the transparent language and history of Article 3. “
The 43-page brief filed through Trump’s team on Wednesday revives the argument that the president is barred from disqualification under the Insurgency Clause, as well as what he calls “numerous other grounds for termination,” adding the claim that the Clause requires an act of Congress. that the Jan. 6 attack was not an “insurrection” and that Trump did not “participate” in an insurrection.
The Colorado Supreme Court put its ruling on hold pending a likely appeal to the U. S. Supreme Court, meaning Trump’s call will continue to appear on the Republican Party’s No. 1 ballot unless the court rejects the programs. certiorari before Colorado’s certification deadline of January 5.
All sides in the case have suggested the Supreme Court expedite proceedings ahead of a busy schedule for 2024, with demanding situations similar to Trump’s election eligibility underway in at least a dozen other states. Following Trump’s appeal, Griswold again asked the court to “consider the matter as expeditiously as possible. “
“The rest of Coloradans, and all other Americans, obviously deserve to know if whoever participated in the insurrection can run for the highest office in the land,” Griswold said in a news release.
Colorado’s number one presidential election for 2024 is scheduled for Super Tuesday, March 5.
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Colorado Newsline is part of States Newsroom, a network of grant-backed news bureaus and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains its editorial independence. Please contact Editor Quentin Young if you have any questions: info@coloradonewsline. com. Follow Colorado Newsline on Facebook and Twitter.
Chase Woodruff is a senior reporter for Colorado Newsline. His topics include the environment, money in politics, and the economy.
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