Supreme Court Hears Trump’s Plea on Colorado Ballot

By: Jaenney Lee

Edited by: Grace Wu and Ananya Chag

The Supreme Court of the United States (SCOTUS) has agreed to review the decision of the Colorado Supreme Court to remove Donald Trump from Colorado’s primary election, due to his role in encouraging an attack on the U.S. Capitol on Jan. 6, 2021, after losing the 2020 general election. Legal scholars and state election officials are urging for a fast process of states following the same policy before the 2024 primary voting.  Colorado and Maine have therefore temporarily paused their decisions to bar Trump as a candidate as they need to make a legal decision. This means that former President Trump will be written on the primary ballots until there are clear legal decisions from the Supreme Court. The ballots will be mailed to the majority of voters in Colorado starting Feb. 12 — four days after the justices hear arguments. This trial is particularly important as Colorado is considered a “swing” state. [1]

Lawyers for the former President must submit written arguments by Thursday, Jan. 18,  must reply by Monday, Feb. 5, and the State of Colorado must reply by Wednesday, March 31. Oral arguments will take place on Thursday, Feb. 8 at the Supreme Court in Washington, D.C.[2]

According to the recent brief written on Jan. 26 by the lawyers of the Colorado voters, Colorado voters are actively arguing that former President Trump should be barred from holding federal office as he has a history of engaging in violent acts in the Capitol. The lawyers of these voters argue 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.” Furthermore, the lawyers stated that “by spearheading this attack, Trump engaged in insurrection against the Constitution."[3]

The brief questions whether Section 3 of the 14th Amendment, which bars those who have “engaged in insurrection,” applies to President Trump and if that impacts his position as a candidate. The case overall raises legal questions: such as whether the constitutional language applies to those running for the presidential election and how and who would decide whether someone engaged in the “insurrection.”[4]

On the other hand, in Trump’s own brief on Jan. 18, his lawyers outlined the reasons as to why they believe the Colorado court ruling was wrong. They cite language in the constitutional provision arguing that the law is only applicable to individuals who hold an officer position in the United States. Particularly, they argue that Section 3 applies only to a person who would “hold” office, not “run” the office. They follow up by stating that being the president is not part of being an officer of the United States. Trump’s lawyers wrote, “The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans.” [5]

Lastly, whether Trump can assert immunity from criminal prosecution for election subversion connected to the 2020 presidential election is one of the other debated issues that will likely come up soon.

Long before Trump’s trial was set for March, special counsel Jack Smith attempted to convince the Supreme Court to hear arguments regarding the immunity claim. The December request was rejected by the Supreme Court justices, and, as a result, on Jan. 9, the U.S. appellate court heard arguments over Trump’s eligibility for immunity for alleged crimes committed while in office.[5]

The decision is coming around soon, and, when the time comes, the Supreme Court’s final resolution will aim to represent justice.

Notes:

1. Marimow, Ann E, and Patrick Marley. 2024. “Supreme Court Says It Will Decide If Trump Qualifies for Colorado Ballot.”

2. Anderson. 2024. “Trump v. Anderson - SCOTUSblog.” 2024

3.  In the Supreme Court of the United States.“BRIEF ON THE MERITS FOR ANDERSON RESPONDENTS,” January 26 2024.

4. Hurley, Lawrence. 2024. “Colorado Voters Insist to Supreme Court That Trump Should Be Ineligible in 2024.” January 26th. 

5. In the Supreme Court of the United States “BRIEF FOR THE PETITION,” January 18, 2024.

6. Joan Biskupic. 2024. “The Conservative Legal World Lines up Behind Donald Trump at the Supreme Court.”

Bibliography:

Anderson. 2024. “Trump v. Anderson - SCOTUSblog.” SCOTUSblog. 2024.

Hurley, Lawrence. 2024. “Colorado Voters Insist to Supreme Court That Trump Should Be Ineligible in 2024.” NBC News. NBC News. January 26, 2024.

In the Supreme Court of the United States DONALD J. TRUMP, Petitioner, v. NORMA ANDERSON, ET AL., Respondents, “BRIEF ON THE MERITS FOR ANDERSON RESPONDENTS,” January 26 2024.

In the Supreme Court of the United States DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL., RESPONDENTS “BRIEF FOR THE PETITION,” January 18, 2024.

Joan Biskupic. 2024. “The Conservative Legal World Lines up behind Donald Trump at the Supreme Court.” CNN. CNN. January 26, 2024.

Marimow, Ann E, and Patrick Marley. 2024. “Supreme Court Says It Will Decide If Trump Qualifies for Colorado Ballot.” Washington Post. The Washington Post. January 5, 2024.