Former President Donald Trump, declaring himself the ‘presumptive nominee’ for president, has petitioned the Supreme Court to safeguard the rights of millions of Americans supporting his candidacy. This move comes as the nation’s highest court prepares to evaluate the case involving his potential removal from the Colorado ballot. Trump’s legal team contends that disqualifying him would be ‘anti-democratic,’ drawing parallels to recent events in Venezuela. The appeal challenges Colorado’s decision to bar Trump from running in the state, citing an anti-insurrection clause in the Constitution.
In a filing preceding the Supreme Court hearing, Trump’s lawyers argued against his disqualification, asserting that such an action would be contrary to democratic principles. They emphasized that Trump neither incited nor engaged in insurrection, disputing Colorado’s assertion that his efforts to overturn the 2020 election results played a role in the January 6, 2021, attack on the U.S. Capitol.
Quoting a 1964 decision on state legislative districts, Trump’s legal team highlighted the court’s past acknowledgment that the right to freely vote for one’s preferred candidate is fundamental to a democratic society. They argued that any restrictions on this right undermine representative government.
Colorado’s highest court had ruled in December that Trump’s disqualification stemmed from his attempts to overturn election results and his alleged role in the Capitol attack. Section 3 of the 14th Amendment, prohibiting individuals engaged in insurrection from holding office, formed the basis for this decision.
Trump’s lawyers counter that this provision does not apply to presidents, and even if it did, they assert that Trump did not participate in insurrectionary activities. The challenge to Trump’s eligibility is initiated by six Republican and independent voters in Colorado, represented by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW).
The former president characterizes Colorado’s decision as an outlier, citing it as the only successful challenge among many unsuccessful court battles. A similar decision in Maine, where Trump was declared ineligible for the state’s ballot, is pending the Supreme Court’s ruling on the Colorado case.
Trump’s legal team contends that disqualifying him would mirror the ‘anti-democratic measure’ employed by Venezuela’s socialist dictatorship, which excluded a prominent opposition candidate from the presidential ballot. In a prior filing, Trump’s lawyers warned of potential chaos and bedlam unless the Supreme Court swiftly and decisively intervened to end disqualification efforts.
Opponents argue that Trump’s actions on January 6, 2021, demonstrated the chaos he could cause by refusing to accept election defeat, making him constitutionally ineligible for a position where he could repeat such behavior. The ongoing legal battle holds significance as Trump is currently the frontrunner for the GOP nomination, although only Iowa and New Hampshire have awarded delegates at this point.
Former South Carolina Gov. Nikki Haley, challenging Trump for the nomination, is seeking a strong showing in her home state on February 24. However, polls indicate Trump’s substantial lead over Haley not only in South Carolina but also nationwide. The Supreme Court’s decision on the Colorado case will likely have far-reaching implications