Trump asks Supreme Court to intervene after being disqualified from Colorado ballot

Former President Donald Trump on Wednesday asked the U.S. Supreme Court to intervene after Colorado's top court disqualified him from the state's Republican primary ballot for engaging in insurrection leading up to the Jan. 6, 2021, attack on the U.S. Capitol.

Trump, the front-runner for the Republican 2024 presidentialnomination, is contesting the Dec. 19 Colorado Supreme Courtdecision that disqualified him under a constitutional provisionbarring anyone who "engaged in insurrection or rebellion" fromholding public office.

The state's high court had already put its decision on holduntil Jan. 4, stating that Trump would remain on the ballot ifhe appealed.

WATCH | Barring Trump from ballots puts U.S. in 'strange' and 'dangerous' position:

Barring Trump from ballots puts U.S. in 'strange' and 'dangerous' position

9 months ago

Duration 1:17

Chris Galdieri, a politics professor at New Hampshire's Saint Anselm College, told CBC's Canada Tonight the fact that former U.S. president Donald Trump remains 'a force' in the Republican Party despite his attempts to overturn the results of the 2020 election and two states now moving to bar him from their primary ballots adds to an already volatile political situation in the country.

Trump's filing places a politically explosive case beforethe nation's highest judicial body, whose 6-3 conservative majority includes three of his own appointees. The justices'action will shape a wider effort to disqualify Trump from otherstate ballots as the 2024 election draws closer.

The attack on the Capitol was an attempt by Trump's supporters to overturnhis 2020 election loss to Democratic President Joe Biden, whichTrump falsely claims was the result of fraud.

The Colorado court's ruling marked the first timein history that Section 3 of the U.S. Constitution's 14th Amendment the so-called disqualification clause had beenused to deem a presidential candidate ineligible for the WhiteHouse.

WATCH | Explaining Trump 2024 and the U.S. Constitution's 'insurrection' clause:

Trump 2024 and the U.S. Constitution's 'insurrection' clause | About That

11 months ago

Duration 0:01

The U.S. Constitution could disqualify former president Donald Trump from the 2024 election campaign because of his alleged role in the Capitol riot. Andrew Chang explains a rarely used section of the 14th Amendment and breaks down the arguments we'll hear in ongoing court cases.

Trump has also appealed a Maine state court decision barring him from the primaryunder the same constitutional provision atissue in the Colorado case.

The ruling came in a lawsuit filed by Republican andunaffiliated voters, and backed by watchdog group Citizens forResponsibility and Ethics in Washington, seeking to bar Trumpfrom the nominating primary and future elections under thedisqualification clause.

Section 3 bars from holding office any "officer of theUnited States" who took an oath "to support the Constitution ofthe United States" and then "engaged in insurrection orrebellion against the same, or given aid or comfort to theenemies thereof."

The amendment was ratified in the aftermath of the U.S. Civil War of 1861-1865 in which southern states rebelled in abid for secession.

WATCH | U.S. voters 'in limbo' until Supreme Court rules on Trump's eligibility:

U.S. voters in 'limbo' until Supreme Court rules on Trump's eligibility, expert says

9 months ago

Duration 1:24

The decision from Colorado's top court to ban Donald Trump from the state's presidential primary ballot will likely spur efforts to convince other states' courts to do the same. But the U.S. Supreme Court could rule that voters, and not judicial bodies, should make that decision, Chris Galdieri, a politics professor based in New Hampshire, told CBC's Canada Tonight.

The 4-3 Colorado Supreme Court ruling reversed a lower courtjudge's conclusion that Trump engaged in insurrection byinciting his supporters to violence, but as president, he wasnot an "officer of the United States" who could be disqualifiedunder the 14th Amendment.

The Colorado court concluded that Trump's role instigatingviolence at the Capitol as lawmakers met to certify the resultsof the 2020 election constituted engaging in insurrection, andthat the presidency is covered by the insurrection provision.

"President Trump asks us to hold that Section 3 disqualifies every oath-breaking insurrectionist except the mostpowerful one and that it bars oath-breakers from virtually everyoffice, both state and federal, except the highest one in theland. Both results are inconsistent with the plain language andhistory of Section 3," the majority wrote.

WATCH | Four things to watch in the 2024 U.S. presidential race:

2024 U.S. presidential race: 4 things to watch

9 months ago

Duration 5:26

Americans head to the polls in November for whats expected to be one of the most consequential presidential elections in U.S. history. CBCs Paul Hunter breaks down four things to watch for as the high-stakes campaign unfolds over the next 10 months.

Acknowledging the magnitude of the case, the majority said,"We are likewise mindful of our solemn duty to apply the law,without fear or favor, and without being swayed by publicreaction to the decisions that the law mandates we reach."

Trump's lawyers argued that his speech to supporters on theday of the riot was protected by his right to free speech,adding that the constitutional amendment does not apply to U.S.presidents and that Congress would need to vote to disqualify acandidate.

Courts have rejected several lawsuits seeking to keep Trumpoff the primary ballot in other states. Minnesota's top courtrebuffed an effort to disqualify Trump from the Republicanprimary in that state but did not rule on his overalleligibility to serve as president.