Oral argument is scheduled to start at 1 p.m. Mountain Standard Time (3 p.m. Eastern).
**Selected Reporting:**
– AP: [Colorado Supreme Court will hear appeal of ruling that Trump can stay on ballot despite insurrection](https://apnews.com/article/trump-insurrection-14th-amendment-appeal-colorado-7436a07c9d0259bba9a13136c541cf2c)
– Colorado Public Radio: [Former Federal Judge: Court challenge to keep Trump off GOP Presidential Primary in Colorado is not about politics](https://www.cpr.org/2023/12/06/former-federal-judge-on-trump-presidential-primary/)
– Reuters: [Colorado Supreme Court to weigh Trump ballot disqualification over Jan. 6 attack](https://www.reuters.com/legal/colorado-supreme-court-weigh-trump-ballot-disqualification-over-jan-6-attack-2023-12-06/)
**Where to Watch:**
– C-SPAN: [Colorado’s Supreme Court hears oral arguments in a case to determine whether the 14th Amendment’s “insurrectionist ban” can be used to prevent former President Donald Trump from appearing on Colorado’s presidential election ballots](https://www.c-span.org/video/?532255-1/colorado-supreme-court-oral-arguments-trump-14th-amendment-case)
by PoliticsModeratorBot
6 comments
I sure hope they think the U.S. President shouldn’t be an anti-American terrorist.
All it’s going to take is one state. Others would follow, more financial backers will move to the Haley table, and Trump will begin to fade.
if oral arguments are today, how long would it take to get an official decision?
Do we know when to expect a decision? This one has be really intrigued
14th seems pretty clear cut. I would think the President isn’t immune.
Some things to keep in mind:
– This is the lower state court ruling that established Trump did engage in insurrection, but is not an “officer,” and thus exempt from the Constitutional provision. A very odd ruling that may have some interesting repercussions, since it puts the ball in the Co. Supreme Court to rule on the merits of Trump’s ties to insurrection.
– The 14.3 issue will 100% be adjudicated by SCOTUS before Trump is ever removed from any ballot and apply on a national basis. Laurence Tribe and proponents agree that is virtually the only scenario where this ends.
– What appeal makes it to SCOTUS is yet to be seen – if Colorado Supreme Court gives an unfavorable ruling, SCOTUS could still decline to hear it if plaintiffs appeal, keeping Trump on primary ballots. If Colorado Supreme Court rules that Trump is ineligible for the primary ballot (highly doubt it), the decision would be paused while an emergency appeal played out.
– Another set of lawsuits is likely to be produced for the general ballot, and they’d arguably be strengthened if Trump was convicted in D.C. next summer since it raises the burden of proof tying him to insurrection. (Yes, conviction isn’t explicitly ‘required’ by the provision but courts are going to lean on burden of proof, nonetheless)
Make what you will of all that, but IMO this is still a hail mary to the courts and very unlikely to succeed.
If it does and establishes a precedent that won’t be easily abused in the future, that’s fantastic. But I’d wager the only thing keeping Trump out of office in 2025 is the same thing it has always been: Voting.