Trump’s Appeal to the U.S. Supreme Court: The Battle Over Section 3 of the 14th Amendment

The Colorado Republican Party has recently appealed to the state’s Supreme Court decision that found former President Donald Trump ineligible for the presidency. This decision could potentially lead to a showdown at the nation’s highest court, as it addresses the constitutional provision that bans those who “engaged in insurrection” from holding government office.

The Colorado high court’s ruling was the first time in history that Section 3 of the 14th Amendment was used to block a presidential contender’s campaign. The provision was added after the Civil War to prevent former Confederates from returning to government positions. It states that anyone who swore an oath to “support” the constitution and then “engaged in insurrection” against it cannot hold government office.

The Colorado Supreme Court’s decision has removed the leading Republican candidate from the primary and general ballots, potentially changing the course of American democracy. The party’s attorneys argue that unless the decision is overturned, it will allow voters to sue and disqualify any political candidate based on accusations of insurrection. This could distort the 2024 presidential election and lead to courts becoming involved in political controversies.

The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, and it is expected to take the case after the Colorado GOP’s appeal or Trump’s own appeal. If Trump is removed from the ballot in Colorado, it would have minimal impact on his campaign, as he does not need the state to win the Electoral College in the presidential election. However, it could open the door for courts or election officials to strike him from the ballot in other must-win states.

Several prominent conservative legal theorists have argued that the plain meaning of the constitutional language bars Trump from running again, just as clearly as if he did not meet the document’s minimum age requirement for the presidency. The plaintiffs in the Colorado case are all Republican or unaffiliated voters, and they hope that the nation’s highest court will hurry once it accepts the case, as they have a primary coming up on Super Tuesday.

In contrast, no other court has sided with those who have filed lawsuits to disqualify Trump under Section 3, and no election official has been willing to remove him from the ballot unilaterally without a court order. The Colorado case was considered the one with the greatest chance of success, as it was filed by a Washington D.C.-based liberal group with ample legal resources, and all seven of the Colorado high court justices were appointed by Democrats.

Despite the ongoing legal battles, Trump has been vocal in his criticism of the cases, calling them “election interference.” He has expressed his disappointment with the Colorado people for their decision and has continued to rally support for his potential presidential campaign.

In summary, the Colorado Republican Party’s appeal to the state’s Supreme Court decision regarding Trump’s eligibility for the presidency has sparked a potential showdown at the U.S. Supreme Court. The case addresses the constitutional provision that bans those who “engaged in insurrection” from holding government office, and it has the potential to change the course of American democracy. The U.S. Supreme Court is expected to take the case, and its decision could have significant implications for Trump’s potential presidential campaign and the future of American politics.