Unpacking ‘Power of the Pen’: Trump Takes on Colorado Supreme ‘Court’s Ballot Removal’ Move
In a legal showdown, attorneys representing former President Donald Trump contend that the Colorado Supreme Court breached state regulations in ruling him ineligible for the March Republican presidential primary ballot. The legal team asserts that the Colorado Supreme Court violated regulations, a claim detailed in a brief filed with the U.S. Supreme Court.
Trump’s lawyers reiterate previous arguments challenging the use of the 14th Amendment of the U.S. Constitution as grounds for his ballot removal, asserting he is not an “officer of the United States“ and did not partake in an insurrection. They also argue that Section 3 of the 14th Amendment falls under the purview of the U.S. Congress and should not preclude Trump’s access to the ballot.
The U.S. Supreme Court agreed to hear the appeal earlier this month and scheduled oral arguments for Feb. 8. The decision triggered a stipulation in the Colorado Supreme Court’s ruling, directing Trump’s inclusion on the March 2024 presidential primary ballot if the U.S. Supreme Court rules in favor of the lower court. Should the ruling go against Trump, all votes cast for him would be invalidated, according to the Colorado Secretary of State.
In a 50-page brief filed on Thursday, Trump’s legal team referenced the U.S. Supreme Court’s decision in Bush v. Gore after the 2000 presidential election, arguing that state legislatures, not the courts, hold authority in regulating federal elections.
The brief contends that the Colorado Supreme Court erroneously claimed Secretary of State Jenna Griswold would violate state election law, emphasizing that Section 3 of the 14th Amendment merely bars individuals from holding office, not from seeking or winning election.
Trump’s lawyers assert, “That is not even remotely what the statute says, and the Court should reverse on this ground,” in response to the Colorado Supreme Court’s claim that Griswold would violate state election law. The lawyers argue that the statute requires only that participating political parties have at least one “qualified candidate.“
As the case progresses, numerous “friend of the court“ or amicus briefs are being filed with the U.S. Supreme Court. Griswold plans to submit a brief before the Jan. 31 deadline, emphasizing her commitment to upholding the Constitution in response to Trump’s contentions related to the January 6 insurrection at the U.S. Capitol.