Supreme Court to Consider Ruling to Keep Trump Off Ballot

Justices take Colorado case, conceding the issue needs to be decided soon
By Newser Editors and Wire Services
Posted Jan 5, 2024 4:24 PM CST
Supreme Court to Consider Ruling to Keep Trump Off Ballot
The Colorado Supreme Court chamber on Wednesday, Dec. 6, 2023, in Denver.   (AP Photo/David Zalubowski)

The Supreme Court said Friday it will decide whether Donald Trump can be kept off the ballot because of his efforts to overturn his 2020 election loss, inserting the court squarely in the 2024 presidential campaign. The justices acknowledged the need to reach a decision quickly, as voters will soon begin casting presidential primary ballots across the country, the AP reports. The court agreed to take up a case from Colorado stemming from Trump's role in the events that culminated in the Jan. 6, 2021, attack on the US Capitol. Oral arguments are scheduled for Feb. 8, per NPR.

The court will be considering for the first time the meaning and reach of a provision of the 14th Amendment barring some people who "engaged in insurrection" from holding public office. The amendment was adopted in 1868, after the Civil War. It has been so rarely used that the nation's highest court had no previous occasion to interpret it. Colorado's Supreme Court, by a 4-3 vote, ruled last month that Trump should not be on the Republican primary ballot. The decision was the first time the 14th Amendment was used to bar a presidential contender from the ballot.

Trump is separately appealing to state court a ruling by Maine's secretary of state, Shenna Bellows, that he was ineligible to appear on that state's ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state's rulings are on hold until the appeals play out. Trump had asked the court to overturn the Colorado ruling without even hearing arguments. "The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide," his lawyers wrote.

(More Donald Trump 2024 stories.)

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