Colorado GOP Takes Trump Ballot Battle to Supreme Court

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The Colorado Republican Party has appealed the state’s ballot ban targeting President Trump in the U.S. Supreme Court.

The Colorado GOP filed a petition to the U.S. Supreme Court on Wednesday, seeking a review of the Colorado Supreme Court decision that allowed the state to disqualify former President Donald Trump from the ballot based on Section 3 of the 14th Amendment.

On Dec. 19, the Colorado Supreme Court, in a controversial move, declared President Trump ineligible, invoking a provision that bars individuals who have engaged in “insurrection” against the United States from holding office.

The state’s Supreme Court stayed its ruling until Jan. 4, 2024—the day before ballots are due to be printed—or until an appeal is made to the U.S. Supreme Court (pdf).

Now, with the Colorado GOP’s petition and President Trump’s lawyers indicating their intention to appeal the decision, the stay looks to be extended until the U.S. Supreme Court’s decision.

In its petition, the state GOP argues that it has been irreparably harmed by the Colorado Supreme Court decision. “The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy,” the petition reads.

The filing asserts that unless the state 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 petition reads.

The appeal to the U.S. Supreme Court is expected to set the stage for a significant legal battle with potentially far-reaching implications for the disqualification of presidential candidates based on the 14th Amendment.

GOP Says Colorado Supreme Court Exceeded Its Authority

The Colorado Republican Party, in its petition for a writ of certiorari, wrote that the state Supreme Court’s unprecedented decision urgently merits review to prevent “the potential chaos wrought by an imprudent, unconstitutional, and standardless system in which each state gets to adjudicate Section Three disqualification cases on an ad hoc basis.”

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