In an unprecedented legal twist, the Colorado GOP is taking the fight for Donald Trump’s inclusion in the state’s primary ballot to the U.S. Supreme Court. This move responds to the Colorado Supreme Court’s decision to disqualify Trump for inciting an insurrection.
GOP Urges Supreme Court
Republicans plea with the Supreme Court to reverse the decision, asserting that the Colorado court misunderstood Section 3 of the 14th Amendment and violated the party’s association rights protected by the First Amendment.
Denial of Fundamental Rights to Party and Voters
In their official petition, Republican attorneys underscore the unprecedented nature of excluding a former president from the ballot. They argue that this denial infringes upon the fundamental right of both the party and voters to choose their Chief Executive.
Colorado GOP Fears Precedent, Trump Cries Foul
Despite Trump leading the Republican nomination, the Colorado GOP is apprehensive that Trump’s exclusion could establish a perilous precedent with repercussions for his candidacy in other states. Trump denounces the decision as election interference, while opponents highlight the risk of disqualification due to his alleged involvement in the insurrection.
Temporary Suspension and Republican Strategy
Colorado’s court has temporarily suspended the decision until January 4, with a willingness to extend the hold pending an appeal. The Colorado GOP is actively pursuing the reinstatement of Trump’s name on the March ballot through the ongoing appeal.
Legal Scholars Call for Swift Resolution
While the U.S. Supreme Court is not bound to intervene, legal scholars advocate for a swift resolution to establish consistent policies across states concerning Trump’s eligibility.
Civil War Amendment Background
Enacted in 1868, Section 3 of the 14th Amendment prohibits individuals involved in insurrections from holding office after swearing allegiance to the Constitution.
Three Key Points Supporting Supreme Court Intervention
The Colorado GOP highlights three key arguments: the applicability of Section 3 to legislative oaths, not just presidential oaths; states lacking authority without congressional backing; and the alleged infringement on First Amendment rights by the Colorado ruling.
Challenge Initiated by Voters and Ethics Group
Six Republican and independent voters initiated the challenge with support from Citizens for Responsibility and Ethics in Washington. The group aims for an expedited review of the appeal.
Urgency in Colorado vs. Inclusion in Other States
Colorado Secretary of State Jena Griswold underscores urgency, pointing to Trump’s alleged participation in the insurrection. In contrast, courts in Michigan and Minnesota allow Trump’s inclusion, while challenges in Oregon and Maine are anticipated.
Federal Verdict and National Anticipation
Federal judges have dismissed lawsuits from Texas, leaving the nation anticipating the Supreme Court’s decision. The outcome could carry significant implications for the electoral process and Trump’s eligibility in a closely watched national contest.