The bombshell decision of the Colorado Supreme Court to keep Donald Trump off the 2024 presidential ballot in that state now shifts attention to the US Supreme Court, where an appeal is expected to land quickly. The Colorado court ruled 4-3 that Trump engaged in insurrection and is therefore barred from seeking reelection under Section 3 of the 14th Amendment. (Read more about the rationale of using the clause against Trump.) Still, the gist of early coverage is that the Supreme Court is likely to reverse the lower court's decision. Coverage:
- High court: "I think that we should first of all reject the idea that it's a predictable 6-3 ruling," Adam Liptak of the New York Times tells the Daily podcast, referring to the court's conservative-liberal split. The big question is whether voters should decide on Trump's conduct after the 2020 election or whether the court should "take that question out of the voters' hands," he says. Liptak is skeptical even the liberal justices will want to do that. In a similar vein: "The justices don't want it to look like they're taking this fundamental question away from the electorate," Loyola law professor Jessica Levinson tells the Wall Street Journal.
- Complicated: The Colorado court, as it itself acknowledged, ruled on multiple "novel legal issues," writes Rick Hasen at Election Law Blog. "Trump would need to prevail on only one of these legal issues to win on any appeal, so in some ways the legal odds are with him." The Journal lays out examples of those "novel" issues, including, "What does it mean to have been 'engaged in insurrection or rebellion?' Can Trump be disqualified as an insurrectionist when he hasn't been convicted of any such offense? And should it be up to state courts to decide on Trump's eligibility?" Former Trump White House lawyer Ty Cobb predicts a 9-0 ruling in Trump's favor, per the Hill.