The Supreme Court agreed to hear former President Donald Trump’s appeal to the Colorado Supreme Court’s decision to kick him off the state’s ballot.
The Colorado Supreme Court ruled Dec. 19 that Trump is ineligible to be on the state’s primary ballot under Section 3 of the 14th Amendment. The Supreme Court set oral arguments to consider Trump’s appeal for Feb. 8, 2024.
Trump appealed the ruling to the Supreme Court on Wednesday. The Colorado Republican Party previously filed a separate appeal Dec. 27.
“The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide,” Trump’s petition stated. “By considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority.”
Section 3 of the 14th Amendment prevents individuals who took an oath to the Constitution and then engaged in insurrection from holding office.
Trump’s brief, along with any other friend-of-the-court briefs, must be filed by Jan. 18. The respondent’s brief is due by Jan. 31, and Trump’s reply brief is due by Feb. 5, according to the Court’s order.
Twenty-seven states filed an amicus brief Friday urging the Supreme Court to reverse the Colorado ruling.
The Colorado Supreme Court acknowledged that they traveled in “uncharted territory” when it issued the decision in December.
“The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot,” the Colorado Supreme Court wrote in its opinon.
Maine Secretary of State Shenna Bellows also issued a ruling Dec. 28 finding Trump was ineligible to appear on the state’s ballot, which he appealed Tuesday.
Trump did not immediately respond to a request for comment.
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