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Former President Donald Trump is seeking to overturn the Colorado Supreme Court’s decision that removed him from the state’s ballot for the 2024 presidential election. In a brief submitted by Trump’s attorneys to the US Supreme Court, they argue that the state court’s ruling was in error and unprecedented. Here are the key points:
Trump’s Legal Argument
Trump’s attorneys contend that the Colorado Supreme Court wrongly applied Section 3 of the 14th Amendment, claiming that as a former president, Trump is not an ‘officer of the United States’ under the Constitution. They further assert that even if Section 3 applied, Trump did not engage in conduct that qualifies as ‘insurrection’ on January 6, 2021.
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Potential Chaos and Bedlam
According to Trump’s legal team, upholding the Colorado decision could lead to chaos and bedlam if other state courts follow suit, excluding Trump from their ballots. They argue that this would have far-reaching consequences for the electoral process and potentially impact the Republican presidential nominee’s candidacy.
US Supreme Court’s Involvement
The US Supreme Court has agreed to hear Trump’s appeal, accepting the case brought forward by the former president. The court is simultaneously dealing with other matters that could impact the federal criminal case against Trump. The Colorado ruling is on hold pending the US Supreme Court’s resolution.
House Speaker and GOP Support
House Speaker Mike Johnson, Senate Minority Leader Mitch McConnell, and numerous GOP lawmakers have expressed their support for Trump in a friend-of-the-court brief. They argue that the Colorado Supreme Court’s decision infringes on Congress’ power by enforcing the ‘insurrectionist ban’ without proper authorization. The Republicans fear that this ruling could encourage state officials to label political opponents as insurrectionists, urging the Supreme Court to overturn the decision.
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GOP Secretaries of State’s Concerns
A group of GOP secretaries of state from various states, including Missouri, Alabama, and Ohio, submitted a brief urging the court to prevent disqualification of candidates based on Section 3. They express concerns about potential abuse if partisan elected officials can make unreviewable disqualification decisions without constitutional protections.
National Implications
The outcome of this case extends beyond Colorado, as Trump has been removed from the ballot in Colorado and Maine. Judges across the country are closely monitoring this case, with the Oregon Supreme Court dismissing a similar case last week, advising challengers to potentially refile based on the US Supreme Court’s decision in the Colorado case.
The oral arguments for the Colorado case are scheduled for February 8, setting the stage for a significant legal battle with implications for Trump’s candidacy and the interpretation of the 14th Amendment.
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