A state judge ruled last week that the former president had engaged in insurrection on Jan. 6, 2021, but allowed him to remain on the ballot.
The Colorado Supreme Court agreed on Tuesday to take up an appeal of a state judge’s ruling allowing former President Donald J. Trump to remain on the state’s primary ballot, in a nationwide battle over his eligibility to run for president again.
Plaintiffs, citing Mr. Trump’s efforts to overturn the 2020 election, argued that Section 3 of the 14th Amendment disqualifies anyone who “engaged in insurrection or rebellion” against the Constitution after having taken an oath to support it.
Judge Sarah B. Wallace ruled that Mr. Trump had engaged in insurrection with his actions before and during the Jan. 6, 2021, attack on the U.S. Capitol. But she allowed Mr. Trump to remain on the ballot anyway on the narrow grounds that the disqualification clause of the 14th Amendment did not apply to the president of the United States.
A spokesman for Mr. Trump, Steven Cheung, said in a statement after Judge Wallace’s ruling last week that it was “another nail in the coffin of the un-American ballot challenges.”
The plaintiffs filed their appeal to the Colorado Supreme Court on Monday evening, and the court agreed to hear the case on an accelerated timetable. Mr. Trump’s lawyers must file a brief in the case by next Monday, and oral arguments are scheduled to begin on Dec. 6.
Jena Griswold, the Colorado secretary of state and a Democrat, has previously said she would follow whatever ruling was in place on Jan. 5, 2024, the state’s deadline for certifying candidates on the ballot for the March 5 primary.
Mario Nicolais, a lawyer for the plaintiffs, said that the fast pace of the court schedule indicated that “the Supreme Court has taken this with the seriousness that it requires,” adding that “we are confident that we will come away from the Colorado Supreme Court with a victory and that he will be barred from being on the ballot.”
Source: Elections - nytimes.com
