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Can't surpass the Trump court: Supreme Court poised to restore ballot eligibility

Kaicie Boeglin

News Editor


The 2024 candidacy for Presidential nominee Donald Trump hangs in the balance of the United States Supreme Court. In Dec. 2023 the Colorado Supreme Court barred the Republican from their state ballot under Section 3 of the 14th Amendment. Authority of states to decide eligibility is now being threatened, due to hints at a pro-Trump final decision. Feb. 8th, The U.S. Supreme Court took their first look into the insurrection case against former President Trump.


In December the Colorado Supreme Court enacted this provision for the first time in history in attempts to prohibit someone from running for presidency. The U.S. Supreme Court will have the final say over if this ruling stands. The overturn of Roe vs. Wade demonstrates anything is possible with the current justices presiding. Nicholas Riccardi from AP News writes, “Colorado's highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6th 2021, attack on the Capitol. [B]ut said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.” 


The Colorado Supreme Court challenging the depths of the 14th Amendment, specifically Section 3, forces the U.S. Supreme Court to weigh in on the scope of the amendment. Section 3 is the provision that is meant to prevent office holders that “engaged in insurrection” from ever running again. Super Tuesday is on March 5th, the date Colorado, Maine and 13 other states will hold primaries. Colorado and Maine have both been advocating to remove the Republican candidate from the ballot. 


Trump's appeal defense claims that this part of the Constitution was not meant to apply to the president. Trump's legal team predicts a quick decision prior to Super Tuesday. They added to their argument how Trump is the front runner for the Republican Party. But - a group of six Republicans in Colorado are the ones who filled the initial complaint. This case is the fifth case brought against Trump within the last 365 days. Despite having his candidacy challenged by numerous lawsuits, the insurrection case is the most viable legal threat to Trump's 2024 aspirations. Should the U.S. Supreme Court uphold the ruling of the Colorado Supreme Court, individual states will be given the authority to remove Trump from the ballot.

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