Colorado GOP asks SCOTUS to overturn unprecedented 14th Amendment ruling, keep Trump on state’s 2024 ballot 

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Colorado GOP asks SCOTUS to overturn unprecedented 14th Amendment ruling, keep Trump on state’s 2024 ballot 

Colorado’s Republican Party petitioned the US Supreme Court on Wednesday to overturn the state Supreme Court’s decision barring former President Donald Trump from appearing in Colorado’s 2024 primary vote.

“The Republican Party has been irreparably harmed by the decision” to deem Trump, 77, ineligible for the White House, the appeal, filed on behalf of the Colorado GOP by the nonprofit Center for American Law and Justice, stated.

“The State has interfered in the primary election by unreasonably restricting the Party’s ability to select its candidates,” the 45-page petition argued. “As a natural and inevitable result, the state has interfered with the Party’s ability to field its preferred candidate in the general election. And it has done so based on the subjective allegation of rebellion the state has no constitutional authority to make.”

In an unprecedented decision, the Colorado Supreme Court last week ordered that Trump’s name be removed from the state’s primary ballot, citing the US Constitution’s sedition clause in Section 3 of the 14th Amendment.

The Colorado lawsuit is one of dozens that have been filed across the country to prevent Trump from appearing on the ballot again. AP

This is the first time in history that the rebellion clause has been used to disqualify a presidential candidate.

“We have said since the day we took this case that this is one that will end up in the US Supreme Court,” a joint statement from Jay Sekulow, chief counsel at ACLJ, and Jordan Sekulow, the group’s executive director, read.

The Sekulow brothers called the Colorado Supreme Court’s Dec. 19 decision “a dangerous perversion of the 14th Amendment” and “the largest case of election interference in US history.”

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“The drastic impact of the Colorado Supreme Court’s decision on the 2024 primary election requires this Court’s immediate review, during this current period,” the petition states. “The prompt trial of this case is necessary to prevent the Colorado Supreme Court’s decision from having an irreparable impact on the election process.”

In a 4-3 decision, the Colorado Supreme Court deemed Trump ineligible to appear on the state’s 2024 primary ballot. via REUTERS

The filing argues that Trump, as president, is not a “protected United States official under the disqualification provision” of the 14th Amendment, and that the rebellion clause is not “a self-executing authority for state courts and litigants to wield as a sword against presidential candidates.” “

The petition also claims that the Colorado Supreme Court’s decision “violates the Colorado Republican Party’s First Amendment associational right to elect its own political candidates.”

The state Supreme Court’s decision is on hold until the high court takes action on the case. Reuters

“The drastic impact of the Colorado Supreme Court decision on the 2024 primary election requires this Court’s immediate review, during this current term. An immediate trial of this case is necessary to prevent the Colorado Supreme Court’s decision from having an irreparable impact on the electoral process,” the petition argued.

The Colorado GOP filed a motion to expedite the petition along.

The Centennial State GOP primary will take place on March 5.

By filing an appeal, the Colorado Supreme Court decision is automatically stayed – keeping Trump on the ballot – until the US Supreme Court takes action on the case.

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“However, there are many similar cases filed across the country, so the Supreme Court’s final and immediate review of this matter is essential,” Sekulows said.

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Source: thtrangdai.edu.vn/en/