Former President Donald Trump’s lawyers told the Supreme Court in a filing Thursday that it should reverse Colorado’s “dubious” decision to keep him off the ballot, which could “unleash chaos and bedlam” if other state courts follow suit.
The filing noted that efforts are underway in roughly 30 states to remove the GOP frontrunner from the 2024 ballot with opponents citing Section 3 of the 14th Amendment, which bars anyone who participated in a rebellion or insurrection from serving in office. Critics say Mr. Trump’s participation in the events of Jan. 6, 2021, prevents him from holding office.
“The Court should reverse the Colorado decision because President Trump is not even subject to section 3, as the President is not an ‘officer of the United States’ under the Constitution. And even if President Trump were subject to section 3 he did not ‘engage in’ anything that qualifies as ‘insurrection.’ The Court should reverse on these grounds and end these unconstitutional disqualification efforts once and for all,” Mr. Trump’s lawyers argued.
The justices are set to hear arguments in the dispute on Feb. 8.
A ruling could come anytime after that; though, opinions usually take months to be issued. But given the time-sensitive nature of the dispute with the ongoing primary schedule, the justices may move swiftly to issue a decision.
A quick decision is not unprecedented. The high court was able to decide Bush v. Gore in 2000 in just days, issuing their opinion the day after oral arguments were held.
The ballot legal battle comes to the justices after the Colorado Supreme Court ruled last month that Mr. Trump engaged in an insurrection with his behavior surrounding the 2020 election and removed his name from the state’s primary ballots, setting up the showdown at the Supreme Court.
The Colorado decision was the first major ruling on the question to go against Mr. Trump, though other blue states could be looking to follow in Colorado’s lead. Maine’s Democratic secretary of state, Shenna Bellows, also attempted to remove Mr. Trump from the ballot, using the same legal justification. Mr. Trump has appealed that move, which was put on hold by Maine’s Superior Court.
The Colorado justices for the majority acknowledged they were breaking new legal ground. But they said their reading of the U.S. Constitution indicated Mr. Trump was part of an insurrection that saw a pro-Trump mob delay counting of the Electoral College votes on Jan. 6, 2021.
Though Mr. Trump is facing several indictments, he has not been charged or convicted of leading an insurrection during the attack on the U.S. Capitol.
Those hoping to remove Mr. Trump from state ballots point to the Constitution’s clause, which reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
The provision was written into the 14th Amendment with the Civil War in mind, but the former president’s opponents say it should apply to his attempts to stop certification of President Biden’s victory.
Mr. Trump’s lawyers say the office of the presidency isn’t subject to the clause — and even if it were, Mr. Trump did not participate in an insurrection on Jan. 6, 2021, in his challenge to the 2020 election results.
“President Trump’s words that day called for peaceful and patriotic protest and respect for law and order,” the brief read. “President Trump never told his supporters to enter the Capitol, and he did not lead, direct, or encourage any of the unlawful acts that occurred at the Capitol — either in his speech at the Ellipse46 or in any of his statements or communications before or during the events of January 6, 2021.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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