The U.S. Supreme Court on Friday agreed to take up Colorado’s decision to remove former president Donald Trump from the state’s 2024 primary ballot.
The Court’s notification that it will consider Colorado’s ballot-removal ruling comes two days after Trump’s legal team appealed to the nine federal justices. The former president asked the Court to settle his eligibility for the presidency; Maine is another state that recently disqualified him from the ballot.
“This Court should . . . summarily reverse the Colorado Supreme Court’s ruling, and return the right to vote for their candidate of choice to the voters,” the Wednesday filing stated.
“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,” the appeal added. “By considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority.”
In December, the liberal-leaning Colorado supreme court ruled that Trump should be barred from the state’s 2024 presidential primary ballot under Section 3 of the 14th Amendment, which forbids anyone who “engaged in insurrection or rebellion” from seeking public office. More than a week after Colorado’s move, Maine’s Democratic secretary of state, Shenna Bellows, dealt a similar ruling against Trump, who appealed that decision to the Maine superior court earlier this week as well.
Shortly after the Court took up the first ballot-removal decision, Colorado secretary of state Jena Griswold, a Democrat, announced that the state’s primary ballot was certified, with Trump’s name appearing on the list of candidates. The Maine decision is on hold while the appeals process continues, meaning Trump remains on the ballot in the Pine Tree State for now.
The presidential primaries in both Colorado and Maine are scheduled for March 5, otherwise known as Super Tuesday, the election day when the greatest number of states hold their primaries and caucuses.
The Supreme Court will hear oral arguments in the Colorado case on February 8, providing ample time for both parties to submit amicus briefs in support of their opinions.