In the latest development, former President Donald Trump is urging the Supreme Court to overturn Colorado’s decision that disqualified him from holding the presidency under a Civil War-era provision of the Constitution. Trump’s lawyers submitted an opening brief to the Supreme Court, asking for a swift and decisive resolution to prevent efforts to keep him off the ballot in the 2024 presidential primary.
The brief argues that challenges to Trump’s candidacy could disenfranchise millions of Americans and potentially lead to chaos if other state courts follow Colorado’s lead in excluding him from their ballots. Trump’s lawyers are presenting early arguments, asserting that Trump is not subject to Section 3 of the 14th Amendment, as the president is not considered an ‘officer of the United States’ under the Constitution. They also contend that even if Section 3 applied, Trump did not engage in actions that qualify as ‘insurrection.
Trump’s legal team is urging the Supreme Court to reverse the Colorado decision on these grounds, emphasizing that it would put an end to what they perceive as unconstitutional disqualification efforts. They are calling for a decisive ruling on Trump’s eligibility under Section 3, warning that anything less could lead to prolonged ballot-disqualification disputes with legislators determined to use Section 3 as a means to bar Trump from the general-election ballot or taking office.
It appears that even individuals who may not support Trump are recognizing that removing him from the ballot might not be the appropriate course of action. The development highlights the broader legal and constitutional challenges surrounding Trump’s candidacy and the ongoing efforts to navigate these issues through the judicial system.
“THE COURT SHOULD REVERSE THE COLORADO DECISION BECAUSE PRESIDENT TRUMP IS NOT EVEN SUBJECT TO SECTION 3, AS THE PRESIDENT IS NOT AN ‘OFFICER OF THE UNITED STATES’ UNDER THE CONSTITUTION. AND EVEN IF PRESIDENT TRUMP WERE SUBJECT TO SECTION 3 HE DID NOT ‘ENGAGE IN’ ANYTHING THAT QUALIFIES AS ‘INSURRECTION,’” HIS LAWYERS WROTE. “THE COURT SHOULD REVERSE ON THESE GROUNDS AND END THESE UNCONSTITUTIONAL DISQUALIFICATION EFFORTS ONCE AND FOR ALL.”
THEY URGED THE SUPREME COURT TO ISSUE A DECISIVE RULING ON TRUMP’S ELIGIBILITY UNDER SECTION 3 OF THE 14TH AMENDMENT AND WARNED THAT ANYTHING LESS “WILL ONLY DELAY THE BALLOT-DISQUALIFICATION FIGHT, AND THERE IS NO SHORTAGE OF LEGISLATORS DETERMINED TO USE SECTION 3 AS A CUDGEL TO BAR PRESIDENT TRUMP FROM THE GENERAL-ELECTION BALLOT OR FROM TAKING OFFICE IF THIS COURT LEAVES ANY WIGGLE ROOM FOR THEM TO DO SO.”
PRESIDENT DONALD TRUMP ON THURSDAY URGED THE SUPREME COURT TO REVERSE A DECISION FROM COLORADO’S TOP COURT THAT FOUND HE IS DISQUALIFIED FROM HOLDING THE PRESIDENCY UNDER A CIVIL WAR-ERA PROVISION OF THE CONSTITUTION, CALLING ON THE JUSTICES TO “PUT A SWIFT AND DECISIVE END” TO EFFORTS TO KEEP HIM OFF THE BALLOT.
IN AN OPENING BRIEF TO THE SUPREME COURT, TRUMP’S LAWYERS SAID THE CHALLENGES TO HIS CANDIDACY THREATEN TO DISENFRANCHISE MILLIONS OF AMERICANS AND “PROMISE TO UNLEASH CHAOS AND BEDLAM IF OTHER STATE COURTS AND STATE OFFICIALS FOLLOW COLORADO’S LEAD AND EXCLUDE THE LIKELY REPUBLICAN PRESIDENTIAL NOMINEE FROM THEIR BALLOTS.”
TRUMP’S BRIEF PRESENTS AN EARLY LOOK AT THE ARGUMENTS HIS LAWYERS PLAN TO PUT FORWARD WHEN THEY APPEAR BEFORE THE JUSTICES TO ARGUE THE CASE ON FEB. 8. THEY ARE ASKING THE NATION’S HIGHEST COURT TO DECIDE WHETHER THE COLORADO SUPREME COURT WAS WRONG TO ORDER TRUMP BE KEPT OFF THE STATE’S 2024 PRESIDENTIAL PRIMARY BALLOT.
THE COURT SHOULD REVERSE THE COLORADO DECISION BECAUSE PRESIDENT TRUMP IS NOT EVEN SUBJECT TO SECTION 3, AS THE PRESIDENT IS NOT AN ‘OFFICER OF THE UNITED STATES’ UNDER THE CONSTITUTION. AND EVEN IF PRESIDENT TRUMP WERE SUBJECT TO SECTION 3 HE DID NOT ‘ENGAGE IN’ ANYTHING THAT QUALIFIES AS ‘INSURRECTION,’” HIS LAWYERS WROTE. “THE COURT SHOULD REVERSE ON THESE GROUNDS AND END THESE UNCONSTITUTIONAL DISQUALIFICATION EFFORTS ONCE AND FOR ALL.”
