WASHINGTON (CN) — Pressure for the Supreme Court to weigh in on Donald Trump’s eligibility for Colorado’s presidential primary ballot grew on Tuesday as GOP voters and the secretary of state agreed the justices’ review was necessary.
Republican voters who led the effort to remove the former president from the ballot using the 14th Amendment said the justices should take up the crucial case — though they didn't take issue with the ruling by the state's high court striking Trump from the ballot.
“Although the Colorado Supreme Court’s decision was correct and implicates no split of authority, this court should nevertheless grant certiorari,” wrote Jason Murray, an attorney with Olson Grimsley representing the voters.
“This case is of utmost national importance. And given the upcoming presidential primary schedule, there is no time to wait for the issues to percolate further.”
The voters asked the court to decide by Jan. 5 whether or not it would hear the case. Should the justices grant review, the voters urged the court to issue a ruling by Feb. 11, to ensure Colorado would voters know if Trump were disqualified before they cast their primary ballots.
The Colorado Republican Party brought to case to the Supreme Court last week, asking the justices to overturn a Colorado high court ruling that disqualified Trump from the ballot for his connection to the Jan. 6, 2021 insurrection.
Voters in the state invoked the 14th Amendment to challenge Trump’s 2024 candidacy. The amendment prevents any officeholder who engages in an insurrection from returning to office. Although it was enacted as a response to Confederates following the Civil War, the amendment has been revived in the wake of efforts to overturn the 2020 election.
The Colorado Republican party asked the justices to review the state court’s use of the 14th Amendment to disqualify Trump and if the amendment applies to the president. The party also presented the court with a First Amendment challenge to the ruling.
Voters supporting Trump’s disqualification suggested the court grant review of the first two questions but not the First Amendment quandaries.
“The court should decline to hear the Colorado Republican Party’s claim that it has a First Amendment right to place a constitutionally ineligible candidate on the primary ballot,” Murray wrote. “This court’s settled precedent holds that the Constitution provides no right to confuse voters and clutter the ballot with candidates who are not eligible to hold the office they seek.”
Colorado Secretary of State Jena Griswold also urged the court Tuesday to take up the case. Like the voters, Griswold suggested the justices avoid review of the First Amendment claims made by the party.
Maine has also disqualified Trump from its ballot. Agreement from all parties involved increases the odds the justices will grant review on the matter.
The justices have not yet indicated whether they plan to review the petition at their upcoming conference.
Follow @KelseyReichmann
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Labour urges UK election after Tory losses May 3, 2024 -
