BY Staff WritersNovember 28, 2023
3 months ago

CO Supreme Court sets appeals hearing in Trump case

In a move that has garnered significant attention, the Colorado Supreme Court has scheduled a hearing for December 6 to deliberate on appeals related to former President Donald Trump's eligibility to appear on the 2024 presidential ballot in Colorado.

The hearing will focus on the controversial application of the Fourteenth Amendment's "Insurrection Clause" in determining Trump's ballot eligibility.

The case's origins lie in a lawsuit led by Citizens for Responsibility and Ethics in Washington (CREW), an organization with ties to the contentious Media Matters for America. CREW's lawsuit aims to block Trump from the Colorado ballot, citing the "Insurrection Clause" of the Fourteenth Amendment. This clause has become a pivotal point in the legal battle, stirring debates on its interpretation and applicability.

Chronology of the High-Profile Legal Battle

Colorado's legal proceedings against Trump began with the lawsuit filed by CREW. These actions are part of a larger series of "insurrection" lawsuits filed in multiple states, all targeting Trump's eligibility for the 2024 presidential ballot.

Earlier this month Clorado District Court Judge Sarah Wallace made a critical ruling. She acknowledged that Trump engaged in insurrection but concluded that the Fourteenth Amendment's provisions do not apply to the presidency. This nuanced ruling set the stage for the forthcoming appeals.

Following Judge Wallace's ruling, both sides filed appeals. The plaintiffs challenge the ruling's conclusion, while Trump's team disputes the judicial findings of insurrection despite their victory on the central issue. These cross-appeals have now culminated in the scheduled Supreme Court hearing.

The Insurrection Clause Debate Intensifies

The Fourteenth Amendment's "Insurrection Clause" has become a focal point in this legal saga. It states that anyone who has engaged in insurrection is disqualified from holding office. However, its applicability to the presidency remains a contentious and unprecedented legal question.

While similar cases in other states like New Hampshire, Minnesota, Michigan, and Colorado have resulted in favorable rulings for Trump, allowing his ballot access, the Colorado case's outcome is particularly significant due to its timing and the Supreme Court's involvement.

Adding to the urgency, the Colorado Supreme Court expedited the hearing, considering the January 5th deadline for certifying ballots for the state's March 5th presidential primary. This decision underscores the high stakes and tight timelines involved in the case.

Trump's Legal and Political Stance

Trump, maintaining his prominence in the political landscape, continues to lead in 2024 primary polls and hypothetical matchups against President Biden. His legal team has vigorously defended his right to appear on the ballot, arguing that his actions do not constitute insurrection and are protected under the First Amendment.

Commenting on the ruling and similar cases, Trump's team expressed their viewpoint in a statement, underlining their perspective on the political motivations behind the lawsuits and their confidence in overcoming these challenges:

We applaud today’s ruling in Colorado, which is another nail in the coffin of the un-American ballot challenges. With this decision, Democrats’ 14th Amendment challenges have now been defeated in Colorado, Michigan, Minnesota and New Hampshire. These cases represent the most cynical and blatant political attempts to interfere with the upcoming presidential election by desperate Democrats who know Crooked Joe Biden is a failed president on the fast track to defeat. The American voter has a Constitutional right to vote for the candidate of their choosing, with President Donald J. Trump leading by massive numbers. This right was correctly preserved in Colorado today and we urge the swift disposal of any and all remaining Democrat ballot challenges. Onward to total victory 2024, we will Make America Great Again!

Judge Wallace's ruling that Trump engaged in insurrection, yet the Fourteenth Amendment does not cover the presidency, has added a complex layer to the legal discourse. This ruling, paired with her previous refusal to recuse herself despite past donations to an anti-Trump group, has fueled further debate and scrutiny.

Unprecedented Legal Territory

The state Supreme Court's upcoming hearing not only holds significance for the immediate political landscape but also for its potential to set a precedent in constitutional law. The Court has never before ruled on the applicability of the Fourteenth Amendment's "Insurrection Clause," making this case a landmark event in American jurisprudence.

  • Colorado Supreme Court to hear appeals regarding Trump's 2024 ballot eligibility.
  • CREW leads a lawsuit citing the Fourteenth Amendment's "Insurrection Clause."
  • Judge Wallace ruled Trump engaged in insurrection, but the Amendment doesn't apply to the presidency.
  • Both sides have appealed, with Trump's team disputing insurrection findings.
  • Similar cases in other states have seen varied outcomes.
  • Trump continues to lead in polls against President Biden.
  • The hearing was expedited due to the ballot certification deadline.
  • Supreme Court's ruling could set a significant legal precedent.

Please share this article on Twitter and Facebook to keep others informed about this pivotal legal and political development.

Written by: Staff Writers

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