Colorado GOP Takes Ballot Case to SCOTUS

The Colorado Republican Party has appealed the state's ballot ban targeting President Trump in the U.S. Supreme Court.


By Caden Pearson, The Epoch Times, December 27, 2023
 

The Colorado GOP filed a petition to the U.S. Supreme Court on Wednesday, seeking a review of the Colorado Supreme Court decision that allowed the state to disqualify former President Donald Trump from the ballot based on Section 3 of the 14th Amendment.

On Dec. 19, the Colorado Supreme Court, in a controversial move, declared President Trump ineligible, invoking a provision that bars individuals who have engaged in "insurrection" against the United States from holding office.

The state's Supreme Court stayed its ruling until Jan. 4, 2024—the day before ballots are due to be printed—or until an appeal is made to the U.S. Supreme Court (pdf).
 
READ: Maine Shows the Danger of Destroying Democracy to Save It - by Johnathan Turley
 

Now, with the Colorado GOP's petition and President Trump's lawyers indicating their intention to appeal the decision, the stay looks to be extended until the U.S. Supreme Court's decision.

In its petition, the state GOP argues that it has been irreparably harmed by the Colorado Supreme Court decision. "The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy," the petition reads.

The filing asserts that unless the state 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."

Now, with the Colorado GOP's petition and President Trump's lawyers indicating their intention to appeal the decision, the stay looks to be extended until the U.S. Supreme Court's decision.

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The lawyers also point out that President Trump has not been indicted under a criminal statute dealing with insurrection, let alone tried and convicted. He also has not been impeached by Congress.

The Colorado GOP, in its petition, argues that the state Supreme Court overstepped its authority "by unreasonably restricting the party's ability to select its candidates."

"As a natural and inevitable result, the state has interfered with the Party’s ability to place on the general election ballot the candidate of its choice. And it has done so based on a subjective claim of insurrection the state lacks any constitutional authority to make," the petition reads.

President Trump's lawyers have also indicated their intention to appeal the decision to the U.S. Supreme Court.

The Epoch Times has contacted the Trump campaign for comment.

 

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