Colorado voters are making a bold statement, calling on the Supreme Court to prevent former President Donald Trump from holding any future office due to his involvement in the events leading up to the January 6 attack on the Capitol. In a new brief, lawyers representing the voters argue that Trump intentionally organized and incited a violent mob to disrupt the counting of electoral votes against him. They argue that by spearheading this attack, Trump engaged in an act of insurrection against the Constitution.
The 14th Amendment and the Colorado Case
The case revolves around whether Section 3 of the Constitution’s 14th Amendment, which prohibits individuals who have engaged in insurrection from holding federal office, applies to Trump. The Supreme Court is set to hear oral arguments on February 8.
The Colorado Supreme Court had previously ruled against Trump in a December 19 decision, which he promptly appealed. However, the ruling is currently on hold pending the outcome of the Supreme Court case. As a result, Trump remains on the ballot for the upcoming Republican primary scheduled for March 5.
Unanswered Legal Questions
This case raises several legal questions that have yet to be resolved. It touches upon whether the constitutional language applies to presidential candidates and who has the authority to determine whether someone has engaged in insurrection. In Trump’s brief, his lawyers argue that the Colorado court ruling was incorrect. They contend that a ruling against the former president would result in chaos and that the provision in question only applies to someone seeking to serve as an “officer of the United States.” They further assert that the president is not considered an officer of the United States and that only Congress has the power to enforce the provision.
Challenging Trump’s Legal Position
Challengers of Trump’s eligibility argue that his legal position is more political than it is legal. They seize on the mention of “bedlam” in Trump’s brief, asserting that the events of January 6 already provide evidence of what he is capable of. They argue that Section 3 of the 14th Amendment is specifically designed to prevent oath-breaking insurrectionists like Trump from causing further mayhem.
The Legal Challenge and Potential Ramifications
The legal challenge has been filed on behalf of six Colorado voters, four of whom are Republicans, by the government watchdog group Citizens for Responsibility and Ethics in Washington and two law firms known for their left-leaning perspectives. The outcome of this case will be closely watched, as other states may consider similar actions if Trump is barred from the Colorado ballot.
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