On Thursday, former President Donald Trump urgently appealed to the Supreme Court, seeking permission to remain on the Republican primary ballot in Colorado.
This move is part of his efforts to challenge a state ruling that declared him ineligible due to his role leading up to the Capitol attack on January 6.
Trump’s legal team submitted a brief outlining his stance in anticipation of oral arguments scheduled for February 8.
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The Colorado Supreme Court, on December 19, determined that a clause in the 14th Amendment of the Constitution, barring “an officer of the United States” who “engaged in insurrection,” applied to Trump.
This case introduces several legal questions, including the applicability of the constitutional language to presidential candidates and the authority responsible for determining engagement in insurrection.
In the filing on Thursday, Trump’s lawyers addressed these issues, asserting that a president does not qualify as an “officer of the United States,” Trump did not partake in insurrection, and only Congress has the authority to enforce the pertinent provision.
Trump’s Ballot Eligibility Challenge Extends to Maine
The Colorado case gained significant attention after Maine’s chief election official determined that Trump was not qualified to be listed on the Republican primary ballot in that state as well.
This case has been temporarily suspended, allowing Trump to remain on the ballot for the time being. Trump’s appeal in this matter has also been stayed pending the resolution of the Supreme Court case.
The outcome of the Supreme Court’s decision could extend its implications to all 50 states, as emphasized by Michigan Secretary of State Jocelyn Benson, a Democrat.
Benson filed a friend-of-the-court brief on Thursday, stressing the importance of a conclusive decision on this matter.
She highlighted a similar challenge in Michigan that, although unsuccessful for the Republican primary, might be revisited for the general election in November.
Benson’s lawyers emphasized the urgent need for answers to these questions, emphasizing that election officials, like the Secretary, require clarity on whether the former president is eligible to appear on the ballot, and voters deserve to know his eligibility before casting their votes. Benson did not express a stance on whether Trump should be deemed ineligible.