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The Colorado Republican Party has launched an appeal to the Supreme Court following a state Supreme Court decision that declared former President Donald Trump ineligible for the primary ballot. This legal challenge arises from the Colorado Supreme Court’s interpretation of the 14th Amendment, citing Trump’s involvement in the January 6 Capitol breach as grounds for disqualification.
The case will test the “insurrection clause” of the 14th Amendment, a provision that the high court has never adjudicated since its ratification in 1868.
The Colorado GOP argues that the state court’s decision misinterprets the 14th Amendment, asserting that it should not apply to presidential eligibility. They claim that excluding a leading candidate fundamentally changes the democratic process, stating, “The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally altering the course of American democracy.” The party’s lawyers also warn of the wider implications of such a ruling, suggesting it could trigger a wave of litigation over insurrection allegations, potentially distorting future elections and overloading the courts with politically charged disputes.
Sean Grimsley, the attorney for the plaintiffs, is pushing for a swift resolution due to the impending primary elections. He stated in a recent podcast, “We have a primary coming up on Super Tuesday and we need to know the answer.”
Trump has pledged to contest the ruling alongside the state party, with both listed as defendants in the case. While a Supreme Court affirmation of the Colorado ruling might not significantly affect the 2024 election, given the state’s Democratic leanings, it could set a precedent for similar challenges across the nation.
The case has sparked debate among constitutional scholars, leaving the Supreme Court’s potential decision uncertain. Meanwhile, the Michigan Supreme Court recently dismissed a comparable challenge, focusing on procedural grounds rather than the substance of the 14th Amendment argument.
Trump has labeled the 14th Amendment challenges as “election interference” and accuses Democrats of attempting to sway the 2024 election outcome. Trump’s campaign spokesman, Steven Cheung, echoed these sentiments, accusing Democrats of trying to “stop the American voters from throwing them out of office next November.”
