The Colorado Republican Party is appealing to the U.S. Supreme Court in a case where the state Supreme Court ruled to remove Donald Trump from the 2024 Republican presidential primary ballot.
The appeal automatically places the former president on the March 5, 2024, primary ballot when certification takes place on Jan. 5, 2024, due to a stipulation in the Colorado Supreme Court ruling, according to a news release from Democratic Secretary of State Jena Griswold. However, if the U.S. Supreme Court declines to hear the case or if it affirms the Colorado Supreme Court, Trump would not appear on the ballot.
In a 4-3 decision on Dec. 19, the Colorado Supreme Court ruled Trump should be “disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the U.S. Constitution.” In the 213-page document that included dissents from justices, the court stayed the ruling until Jan. 4 and kept the stay in place in the event of an appeal.
The American Center for Law and Justice announced it filed a petition for certiorari on behalf of the Colorado GOP on Wednesday.
The 45-page petition argues the president is not covered in Section Three of the 14th Amendment, and that the state Supreme Court's decision violates the party’s First Amendment right to association. The petition also notes eight cases recently decided or pending to remove Trump from the 2024 primary ballots.
“Most courts have rejected these lawsuits on jurisdictional grounds, but the Colorado Supreme Court has followed its own path and split from the others, warranting this Court’s review,” the petition states.
