NATIONAL NEWS

Trump ballot ban appealed to US Supreme Court by Colorado Republican Party

Dec 28, 2023, 6:45 AM

FILE: Republican presidential candidate and former U.S. President Donald Trump speaks to guest at a...

FILE: Republican presidential candidate and former U.S. President Donald Trump speaks to guest at a campaign event on December 19, 2023 in Waterloo, Iowa. Iowa Republicans will be the first to select their party's nomination for the 2024 presidential race, when they go to caucus on January 15, 2024. (Photo by Scott Olson/Getty Images)

(Photo by Scott Olson/Getty Images)

DENVER (AP) — The Colorado Republican Party on Wednesday appealed that state’s supreme court decision that found former President Donald Trump is ineligible for the presidency, the potential first step to a showdown at the nation’s highest court over the meaning of a 155-year-old constitutional provision that bans from office those who “engaged in insurrection.”

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 Joe 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. The filing was posted on the website of a group run by Jay Sekulow, a former attorney for Trump representing the Colorado Republican Party who announced he was filing the appeal Wednesday. Colorado Republican Party chairman Dave Williams also said the appeal was filed Wednesday.

The attorneys 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.

Sean Grimsley, an attorney for the plaintiffs seeking to disqualify Trump in Colorado, said on a legal podcast last week that he hopes the nation’s highest court hurries once it accepts the case, as he expects it will. “We obviously are going to ask for an extremely accelerated timeline because of all the reasons I’ve stated, we have a primary coming up on Super Tuesday and we need to know the answer,” Grimsley said.

More than a dozen states, including Colorado, are scheduled to hold primaries March 5 — Super Tuesday.

To date, no other court has sided with those who have filed dozens of lawsuits to disqualify Trump under Section 3, nor has any election official been willing to remove him from the ballot unilaterally without a court order.

The Colorado case was considered the one with the greatest chance of success, however, because it was filed by a Washington D.C.-based liberal group with ample legal resources. All seven of the Colorado high court justices were appointed by Democrats.

However, the unprecedented constitutional questions in the case haven’t split on neatly partisan lines. Several prominent conservative legal theorists are among the most vocal advocates of disqualifying Trump under Section 3. They argue the plain meaning of the constitutional language bars him from running again, just as clearly as if he didn’t meet the document’s minimum age of 35 for the presidency.

The half-dozen plaintiffs in the Colorado case are all Republican or unaffiliated voters.

Trump has been scathing about the cases, calling them “election interference.” He continued that on Wednesday as he cheered a ruling earlier that day by the Michigan Supreme Court leaving him on the ballot, at least for the primary, in that state.

“The Colorado people have embarrassed our nation with what they did,” Trump said on Sean Hannity’s radio show.

KSL 5 TV Live

National News

A man looks at a damaged car after a tornado hit the day before, Sunday, May 26, 2024, in Valley Vi...

Bruce Schreiner and Julio Cortez, The Associated Press

At least 21 dead in Memorial Day weekend storms that devastated several US states

A series of powerful storms swept over the central and southern U.S. over the Memorial Day holiday weekend, killing at least 21 people and leaving a wide trail of destroyed homes, businesses and power outages.

16 minutes ago

President Joe Biden, left, joined by, from left, Vice President Kamala Harris, Defense Secretary Ll...

Zeke Miller, AP White House Correspondent

Biden says each generation has to ‘earn’ freedom, in solemn Memorial Day remarks

President Joe Biden is marking Memorial Day with a pledge the United States will continue the work of the nation’s fallen toward creating a more perfect union.

2 hours ago

ARLINGTON, VIRGINIA - MAY 24: Travelers make their way through Ronald Reagan Washington National Ai...

Associated Press

Friday’s preholiday travel breaks the record for the most airline travelers screened at US airports

A record was broken ahead of the Memorial Day weekend for the number of airline travelers screened at U.S. airports.

3 hours ago

FILE: Bill Walton is seen during the Ruffles NBA All-Star Celebrity Game during the 2022 NBA All-St...

Tim Reynolds, AP Basketball Writer

Bill Walton, Hall of Fame player who became a star broadcaster, dies at 71

Bill Walton, who starred for John Wooden’s UCLA Bruins before becoming one of the biggest stars of basketball broadcasting, has died.

3 hours ago

President Joe Biden, Vice President Kamala Harris Secretary of Defense Lloyd J. Austin III, and Air...

KSL TV

President Biden lays wreath at Tomb of the Unknown Soldier in Arlington National Cemetery

President Joe Biden is expected to lay a wreath at the Tomb of the Unknown Soldier and participate in a ceremony in the Arlington National Cemetery’s amphitheater

6 hours ago

Traffic moves on I-15 in Salt Lake City on Thursday, May 18, 2023. (Spenser Heaps, Deseret News)...

Bryan Mena, CNN

Americans are expected to splurge on travel this summer — again

Millions of Americans have taken to the skies, hit the road, fired up the barbecue grill and jumped into the pool this weekend to celebrate the start of summer 2024. Analysts are expecting the Memorial Day weekend to usher in yet another summer of strong consumer spending on travel and other leisure activities.

23 hours ago

Sponsored Articles

Electrician repairing ceiling fan with lamps indoors...

Lighting Design

Stay cool this summer with ceiling fans

When used correctly, ceiling fans help circulate cool and warm air. They can also help you save on utilities.

Side view at diverse group of children sitting in row at school classroom and using laptops...

PC Laptops

5 Internet Safety Tips for Kids

Read these tips about internet safety for kids so that your children can use this tool for learning and discovery in positive ways.

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Trump ballot ban appealed to US Supreme Court by Colorado Republican Party