Oral argument is set for Feb. 8, less than a month before the March 5 Republican primary in Colorado, for the U.S. Supreme Court’s review of former President Donald Trump’s removal from that state’s ballot under Section 3 of the 14th Amendment.
While he was still president on Wednesday, Jan. 6, 2021, Trump incited a mob of his supporters to storm the Capitol Building to disrupt the electoral college certification of Joe Biden as the winner of the 2020 election.
In November, a state judge found that even though Trump engaged in insurrection on Jan. 6, 2021, that did not disqualify him from appearing on Colorado’s primary ballot because Section 3 does not apply to the office of president.
Voters appealed the district court’s decision, which kept Trump on the 2024 Colorado primary ballot, to the Colorado Supreme Court.
Trump also appealed the ruling, arguing that the court made “multiple grave jurisdictional and legal errors” even though it allowed him to remain on the primary ballot.
In a shocking 4-3 decision, the Colorado Supreme Court ruled Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.
Trump then appealed the decision after the Colorado Supreme Court issued a ruling removing him from the ballot.
The decision remains on hold until the U.S. Supreme Court issues a decision in the case.
The Colorado Republican Party already filed its own appeal of the decision last week seeking clarity on whether Section 3 applies to the president, whether Section 3 allows states to remove a candidate without any congressional action, and whether removal of a candidate from a presidential primary ballot violates a political party’s First Amendment right of association.
Trump faces similar challenges to his eligibility in 19 lawsuits across the country.
Trump is also appealing a decision from Maine Secretary of State Shenna Bellows disqualifying him from appearing on the state’s primary ballot.
Courts in Michigan and Minnesota have ruled that Trump is eligible to appear on each state’s primary ballot.
The Oregon Supreme Court let Trump remain on the state’s primary ballot, declining to take up a challenge to his eligibility until the U.S. Supreme Court decides on whether he can be disqualified under the 14th Amendment.
A majority of Americans in a new survey say they would support the Supreme Court either disqualifying former President Trump from presidential ballots across the country or letting states decide whether to include him on their ballots.
Nearly one-third — 30 percent — of respondents in the ABC News/Ipsos survey said they think the justices should order that Trump be removed from ballots across the country, and 26 percent said they believed the matter should be left up to election officials in each state.
Additionally, 39 percent of Americans surveyed said they think the Supreme Court should order Trump to be kept on the ballot in all states.
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