Colorado voters seeking to bar former President Donald Trump from holding federal office due to his role in the Jan. 6 Capitol “attack” urged the Supreme Court on Friday to remove him from their state’s Republican primary ballot.
Lawyers representing the voters asserted that Trump “intentionally organized and incited a violent mob to attack the United States Capitol in a desperate attempt to prevent the counting of electoral votes cast against him,” in a new brief.
“By spearheading this attack, Trump engaged in insurrection against the Constitution,” the lawyers emphasized. The case questions whether Section 3 of the 14th Amendment, which prohibits individuals who have “engaged in insurrection” from holding federal office, is applicable to Trump.
Oral arguments are scheduled for Feb. 8.
The Colorado Supreme Court previously ruled against Trump in a Dec. 19 decision, which he promptly appealed. The ruling is pending while the Supreme Court considers the case, allowing Trump to remain on the ballot for the March 5 Republican primary.
The legal dispute presents numerous unresolved issues, including the applicability of the constitutional language to presidential candidates and the authority to determine insurrectionist actions.
In Trump’s brief on Jan. 18, his attorneys outlined several objections to the Colorado court ruling, warning that a decision against him would “unleash chaos and bedlam.” They argued that the president is not an “officer of the United States” and that only Congress can enforce the provision.
“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans,” Trump’s lawyers asserted.
In their Friday brief, the challengers characterized Trump’s legal stance as “less legal than it is political.” They highlighted the chaos of Jan. 6 as evidence of Trump’s potential for mayhem.
“Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again,” the lawyers emphasized.
The legal challenge was brought by just six Colorado voters, with representation from the government watchdog group Citizens for Responsibility and Ethics in Washington and two law firms.
The case holds significant implications, as other states may follow suit if Trump is removed from the Colorado ballot.
The effort to remove Donald Trump from the Colorado Republican primary ballot is sparking debate over legal interpretations, notably Section 3 of the 14th Amendment, which deals with insurrection and eligibility for federal office. A small group of just SIX Colorado voters argues that Trump’s pre-January 6 actions should disqualify him from federal office.
However, the decision ultimately rests with the courts to determine whether Trump’s actions constitute insurrection and if they warrant his removal from the ballot. The outcome will depend on how the courts interpret the relevant laws and constitutional provisions.
