Colorado Republicans appeal Trump ballot ban to US Supreme Court
Newsy
Last week, the Colorado Supreme Court barred Donald Trump from state's presidential ballot, citing insurrection clause, deeming him ineligible.
The Colorado Republican Party on Wednesday appealed that state's supreme court decision that found former President Donald Trump is ineligible for the presidency, the potential first step to a showdown at the nation's highest court over the meaning of a 155-year-old constitutional provision that bans from office those who "engaged in insurrection."
The first impact of the appeal is to extend the stay of the 4-3 ruling from Colorado's highest court, which put its decision on pause until Jan. 4, the day before the state's primary ballots are due at the printer, or until an appeal to the U.S. Supreme Court is finished. Trump himself has said he still plans to appeal the ruling to the nation's highest court as well.
The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment, which was added after the Civil War to prevent former Confederates from returning to government. It says that anyone who swore an oath to "support" the constitution and then "engaged in insurrection" against it cannot hold government office.
The Colorado high court ruled that applies to Trump in the wake of his role in the Jan. 6, 2021, attack on the U.S. Capitol, intended to stop the certification of President Joe Biden's victory in the 2020 presidential election. It was the first time in history that the provision was used to block a presidential contender's campaign.
"The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy," the party's attorneys wrote Wednesday.
