WASHINGTON (CN) — Former President Donald Trump asked the Supreme Court on Wednesday to review a Colorado ruling disqualifying him from the state’s primary ballot for his connection to the Capitol insurrection.
Trump said the justices should reverse the Colorado high court ruling and return the right to vote to the voters.
“The question of eligibility to serve as president of the United States is properly reserved for Congress, not the state courts, to consider and decide,” David Warrington, an attorney with Dhillon Law Group representing Trump, wrote. “By considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority.”
Trump was removed from Colorado’s primary ballot by the Centennial State's highest court for engaging in an insurrection. The court utilized part of the Civil War-era 14th Amendment created to keep Confederates out of office which has been dusted off after the Jan. 6, 2021, attack on the Capitol. Section 3 of the 14th Amendment says any officeholder who previously rebelled under oath cannot hold office again.
Trump’s petition follows an appeal from the Colorado Republican Party, which already asked the justices to review the ruling. The party claims the state court ruling denies voters the opportunity to vote for the presidential candidate of their choice.
Although the Colorado GOP asked the court to review three questions, Trump limits the court review to whether the state court erred in removing him from the primary ballot. Trump claims he can not be disqualified under the 14th Amendment because the president is not an officer of the United States, as he took a different oath than the one set forth in Section 3.
Trump also contests the state court’s finding that he engaged in an insurrection. He says the Jan. 6 attack was not an insurrection and that the court misrepresented his role in the event.
Republican voters in Colorado sued the secretary of state, arguing that Trump was disqualified under Section 3. Second Judicial District Judge Sarah Wallace found that Trump did engage in an insurrection but declined to remove him from the ballot. The state Supreme Court took up the case and disqualified the former president from the ballot.
Trump and the Colorado GOP also claim disqualification of a candidate violates the First Amendment’s protections.
The Colorado voters who want to see Trump removed from the ballot responded to the Republican party’s petition on Tuesday, encouraging the justices to settle the matter quickly.
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