- The Supreme Court will hear arguments Thursday in Trump v. Anderson, the former president's appeal of the Colorado Supreme Court's ruling that he is ineligible to participate in the state's ballot under Section 3 of the 14th Amendment.
- The ruling would affect Trump's eligibility in various states, including Maine, where the state Supreme Court refused to rule on the Secretary of State's decision to remove Trump from the ballot before the Supreme Court ruled. Dozens of lawsuits and challenges will be resolved.
- Trump's brief states that “more than 60 lawsuits and administrative challenges” have been filed.
The Supreme Court is scheduled to hear arguments Thursday on an effort to remove former President Donald Trump from the 2024 election ballot.
In December, the Colorado Supreme Court ruled that Trump should be disqualified from the state's primary ballot, saying he had committed “insurrection” in violation of Section 3 of the 14th Amendment. After a lower court judge refused to remove him from the ballot, finding that although he was involved in the insurrection, he was not an “officer of the United States” subject to disqualification under Article III. The court rendered its judgment.
Citizens for Responsibility and Ethics (CREW), a group backed by left-wing donors, filed the lawsuit in September on behalf of six Republicans and two independent voters, including a 91-year-old. former Republican state representative Norma Anderson. They argued that President Trump should be removed from the ballot because of his alleged role in “recruiting, inciting, and encouraging a violent mob” on January 6, 2021.
voters Said The former president “has not even acknowledged (let alone refuted) the most damning evidence against him,” the Supreme Court said in its brief.
“President Trump's position claims are more political than legal,” they wrote. “He casually threatens to ‘make a fuss’ if it doesn’t appear on the ballot.”
Five objections emerge in President Trump's brief argument The brief states that he is not an “officer of the United States,” that he was not “involved in the insurrection,” that only Congress can enforce Article III, and that the amendment should be placed in office rather than on the ballot. This ruling violates Colorado election law.
“Despite the persistent and ongoing investigation into President Trump, in the three years since January 6, 2021, no prosecutor has attempted to charge him with insurrection under 28 U.S.C. 2383. “There is no one,” Trump argued in a prepared statement. “And for good reason. President Trump's words that day were a call for peaceful, patriotic protests and respect for law and order.”
The decision was appealed to the Supreme Court, leaving Trump on the primary ballot in Colorado until January 5, the certification deadline. Nevertheless, his brief notes that “more than 60 lawsuits and administrative challenges” have been filed in various states to remove Trump from the ballot.
Some state courts and election officials, including California and Michigan, have rejected proposals to remove President Trump from the ballot. A number of federal judges have also weighed in on challenges to his eligibility brought by little-known presidential candidate John Anthony Castro.
In late January, the Maine Supreme Court declined to consider whether the Supreme Court should disqualify Trump from the state's vote. Maine's Democratic Secretary of State, Shena Bellows, ruled on Dec. 28 that she was not eligible.
John Yu, a law professor at the University of California, Berkeley, told the Daily Caller News Foundation that it is unlikely the justices will reach the question of whether President Trump “engaged in the insurrection,” but that one of the other arguments He said he predicted he would rule on one or more of them. He was raised by Trump.
“This relieves the courts of the task of choosing who participates in voting and returns elections to the people,” he said. “Therefore, the November election will be decided at the polls, not in the courts.”
Yoo said he thinks President Trump's strongest argument is that the 14th Amendment does not cover the president.
new: #scotus A “day call” sheet has been released listing the lawyers who will argue in a special session on February 8th regarding Trump's eligibility to appear on Colorado's primary ballot. pic.twitter.com/jkYFsjO4MF
— Kimberly Robinson (@KimberlyRobinsn) February 5, 2024
Twenty-seven states asked judges to keep Trump on the ballot, warning that Colorado's decision “could disrupt the 2024 presidential election.”
“Colorado courts have stepped into territory that courts have previously been afraid to tread, and prompt intervention is essential,” the states told the Supreme Court.
Senator Ted Cruz, Majority Leader Steve Scalise, and 177 other members of Congress. Similarly filed a brief in support of Mr. Trump, and the Colorado Supreme Court enforced Title III, “short-circuiting” the Legislature's role in empowering unqualified candidates to hold office under Title III. he claimed. (Related: More than 20 states ask SCOTUS to ensure Trump remains on the ballot in 2024)
Colorado Secretary of State Jenna Griswold claimed Colorado has the authority to “exclude ineligible insurrectionists from the presidential primary ballot,” the brief said.
“Limiting the vote to candidates eligible for office, as Colorado law does, is not discrimination because the qualifications for office apply equally to all candidates and all political parties. ”, her brief argues.
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