US: Colorado Republicans appeal Trump ballot ban case

The Colorado Republican Party Thursday, 28 December asked the US Supreme Court to overturn a state court ruling that disqualifies former President Donald Trump from running for presidency in the state.

The Supreme Court ruled earlier this month that Trump was ineligible for presidency over his role in the events leading up to the January 6 attack on the Capitol building in Washington DC.

It was the very first ruling of its kind because Colorado's top court concluded that Trump was disqualified under Section 3 of the 14th Amendment, which bars people who "engaged in insurrection" from holding office.

The US Supreme Court has never ruled on Section 3 of the 14th Amendment, which was added to the Constitution after the Civil War to prevent former Confederates from returning to government.

Trump has also said he plans to appeal the ruling to US Supreme Court. The US Supreme Court has a 6-3 conservative majority, including three Trump appointees.

Why the case matters

Trump has emerged as the Republican Party's front-runner in the 2024 election.

"The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy," the Colorado Republican Party's attorneys wrote in the court filing. 

"Unless the Colorado Supreme Court's decision is overturned, any voter will have the power to sue to disqualify any political candidate, in Colorado or in any other jurisdiction that follows its lead. This will not only distort the 2024 presidential election but will also mire courts henceforth in political controversies over nebulous accusations of insurrection."

The Colorado Supreme Court ruling reversed a district court judge's conclusion that Trump engaged in insurrection by inciting his supporters to violence. The judge, however, said the president was not an "officer of the United States" who could be disqualified under the 14th Amendment.

The state Supreme Court didn't agree that the presidency is exempt from disqualification.

The first impact of the appeal is to extend the ruling from Colorado's highest court, which put its decision on pause until January 4, the day before the state's primary ballots are due at the printer.