The group that helped convince the Colorado Supreme Court to boot former President Donald Trump from the state’s ballots told the U.S. Supreme Court Friday that he “shall hold no office” since he “betrayed” his oath to uphold the Constitution on Jan. 6, 2021.
Citizens for Responsibility and Ethics in Washington told the high court that Section 3 of the 14th Amendment was ratified after the Civil War to keep “insurrectionists” from having power to “dismantle our constitutional system from within.”
“Section 3 disqualifies Donald Trump from public office. As President, Trump swore to preserve, protect and defend the Constitution. He betrayed that oath,” the group wrote. “He refused to accept the will of the over 80 million Americans who voted against him. Instead of peacefully ceding power, Trump intentionally organized and incited a violent mob to attack the United States Capitol.”
The organization said Section 3 is designed to prevent “oath-breaking insurrectionists like Trump” from having “power to unleash such mayhem again.”
“The Constitution is clear: Trump shall hold no office. Nobody, not even a former president, is above the law,” the filing read.
The brief comes two weeks ahead of oral arguments, scheduled for Feb. 8, over whether Mr. Trump can appear on the state’s presidential ballots.
Mr. Trump’s legal team asked the high court to take the case and told the justices in a filing this month that it should reverse Colorado’s “dubious” decision, which could “unleash chaos and bedlam” if other state courts follow suit.
Mr. Trump’s filing noted that efforts are underway in roughly 30 states to remove the GOP front-runner from the 2024 ballot.
A ruling could come soon after oral arguments, given the time-sensitive nature of the dispute amid the primary schedule.
A quick decision is not unprecedented. The high court was able to decide Bush v. Gore in 2000 in just days, issuing its opinion the day after oral arguments were held.
The Colorado Supreme Court’s decision was the first major ruling on the question to go against Mr. Trump. Maine’s Democratic secretary of state, Shenna Bellows, also tried to remove the former president from ballots, using the same legal justification. The move was put on hold by a state court, and Maine’s top court said it would wait for the Supreme Court’s decision in the Colorado case before hearing Ms. Bellows’ appeal.
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 U.S. Capitol protest.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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