Colorado GOP Asks Supreme Court To Overturn Trump’s 14th Amendment Ruling

In an unprecedented move, the Colorado Supreme Court removed President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible candidate because of the 14th Amendment’s “insurrectionist ban.”

The ruling was met with a lot of criticism from Republicans, including Lindsey Graham, who believes that the ruling was unconstitutional.

Sen. Graham says there was “no constitutional basis” for the Colorado Supreme Court’s 14th Amendment ruling barring former Pres. Trump from GOP primary ballot.

"It is a political decision…Donald Trump will eventually be on the ballot in Colorado.” https://t.co/HPhCK2nye2 pic.twitter.com/KvVhLXUGJt

— This Week (@ThisWeekABC) December 24, 2023

Shortly after the ruling, fellow Republican presidential candidate Vivek Ramaswamy vowed to withdraw from the Colorado GOP primary unless Trump is allowed on the ballot.

Vivek Ramaswamy on why he pledged to withdraw from the Colorado GOP primary unless Trump is allowed on the ballot:

"What are we winning for? It's to protect the constitutional republic, and that's the first principle we have to stand for above all." pic.twitter.com/ok3xeASAPt

— The Post Millennial (@TPostMillennial) December 24, 2023

On Wednesday, the state’s Republican Party said it asked the U. S. Supreme Court to overturn the ruling that will keep the 45^th President off the state’s ballot in next year’s presidential election.

Colorado GOP asks US Supreme Court to overturn unprecedented 14th Amendment ruling and keep Trump on state’s 2024 ballot https://t.co/mIyM6SSLXa pic.twitter.com/DoO7vnUE9e

— New York Post (@nypost) December 28, 2023

From CBS News:

The first impact of the appeal is to extend the stay of the 4-3 ruling from Colorado’s highest court, which put its decision on pause until Jan. 4, the day before the state’s primary ballots are due at the printer, or until an appeal to the U.S. Supreme Court is finished. Trump himself has said he still plans to appeal the ruling to the nation’s highest court as well.

The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, which was added after the Civil War to prevent former Confederates from returning to government. It says that anyone who swore an oath to “support” the constitution and then “engaged in insurrection” against it cannot hold government office.

The Colorado high court ruled that applies to Trump in the wake of his role in the Jan. 6, 2021, attack on the U.S. Capitol, intended to stop the certification of President Biden’s victory in the 2020 presidential election. It was the first time in history that the provision was used to block a presidential contender’s campaign.

“The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy,” the party’s attorneys wrote Wednesday.

They added: “Unless the Colorado Supreme Court’s decision is overturned, any voter will have the power to sue to disqualify any political candidate, in Colorado or in any other jurisdiction that follows its lead. This will not only distort the 2024 presidential election but will also mire courts henceforth in political controversies over nebulous accusations of insurrection.”

The U.S. Supreme Court is expected to take the case, either after the Colorado GOP’s appeal or Trump’s own appeal. If Trump ends up off the ballot in Colorado, it would have minimal effect on his campaign because he doesn’t need the state, which he lost by 13 percentage points in 2020, to win the Electoral College in the presidential election. But it could open the door to courts or election officials striking him from the ballot in other must-win states.