{"id":41068,"date":"2024-01-03T22:49:50","date_gmt":"2024-01-03T22:49:50","guid":{"rendered":"https:\/\/www.nsemgh.com\/?p=41068"},"modified":"2024-01-03T22:49:51","modified_gmt":"2024-01-03T22:49:51","slug":"trump-asks-us-supreme-court-to-review-colorado-ruling-removing-him-from-2024-ballot","status":"publish","type":"post","link":"https:\/\/www.nsemgh.com\/2024\/01\/03\/trump-asks-us-supreme-court-to-review-colorado-ruling-removing-him-from-2024-ballot\/","title":{"rendered":"Trump asks US supreme court to review Colorado ruling removing him from 2024 ballot"},"content":{"rendered":"\n

Donald Trump\u00a0appealed\u00a0to the US supreme court on Wednesday to undo the Colorado\u00a0ruling\u00a0that removed him from the ballot in the western state under the 14th amendment to the US constitution, for inciting an insurrection.<\/p>\n\n\n\n

The\u00a0Colorado\u00a0court issued its ruling last month, but in anticipation of an appeal stayed it until 4 January, two days short of the third anniversary of the deadly attack on Congress by supporters Trump told to \u201cfight like hell\u201d in an attempt to overturn his 2020 defeat by Joe Biden.<\/p>\n\n\n\n

Promising to appeal \u201cswiftly\u201d, a spokesperson for Trump, Steven Cheung, said the then former president turned clear Republican presidential frontrunner had \u201cfull confidence that the US supreme court will quickly rule in our favour\u201d.<\/p>\n\n\n\n

After the Colorado ruling, Trump was also\u00a0removed\u00a0from the ballot in Maine, by its secretary of state, who also suspended the ruling pending appeals. Trump\u00a0appealed\u00a0that ban in state court on Tuesday.<\/p>\n\n\n\n

Separately, Trump faces 91 criminal charges, 17 for election subversion. In the federal election subversion case, the US supreme court is also due to consider Trump\u2019s claim that he enjoys immunity from prosecution for any acts in office.<\/p>\n\n\n\n

The supreme court is dominated 6-3 by conservatives, in large part thanks to three appointments made when Trump was in office.<\/p>\n\n\n\n

The 14th amendment was\u00a0adopted in 1868, soon after the civil war.\u00a0Section three\u00a0provided for barring from federal and state office anyone who fought for the Confederacy in that conflict.<\/p>\n\n\n\n

Notably, the provision has rarely been used. Many legal observers expect Trump to prevail in the Colorado case, one of numerous such challenges,\u00a0others\u00a0having\u00a0failed\u00a0in state courts.<\/p>\n\n\n\n

The supreme court does not have to take the Colorado case but in all likelihood will. Its handling of the case will be closely watched, not least by progressives angered by the court\u2019s rightward shift and contentious rulings, including the removal of the federal right to abortion.<\/p>\n\n\n\n

In the aftermath of the Colorado ruling, Ty Cobb, once a White House lawyer for Trump,\u00a0told CNN: \u201cI think this case will be handled quickly. I think it could be 9-0 in the supreme court for Trump \u2026 because I think the law is clear.\u201d<\/p>\n\n\n\n

According to Cobb \u2013 and other former Trump lawyers \u2013 the law is clear that the presidency and vice-presidency are not covered by section three, specifically its definition of a government office, because those positions are not mentioned.<\/p>\n\n\n\n

In full, section three\u00a0reads: \u201cNo person shall be a senator or representative in Congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.\u201d<\/p>\n\n\n\n

Last week, ABC News\u00a0examined\u00a0records of debate over the 14th amendment. In one exchange, Reverdy Johnson, a Maryland senator, asked why the text of section three did not mention the presidency or vice-presidency.<\/p>\n\n\n\n

Lot Morrill, from Maine, said: \u201cLet me call the senator\u2019s attention to the words \u2018or hold any office, civil or military, under the United States.\u2019\u201d<\/p>\n\n\n\n

That, Steven Portnoy of ABC\u00a0wrote, \u201cend[ed] the discussion on that point\u201d.<\/p>\n\n\n\n

J Michael Luttig, a conservative former judge who testified in front of the House January 6 committee, has repeatedly stressed that in his view, Trump should be removed from the ballot.<\/p>\n\n\n\n

\"US<\/a><\/figure>\n\n\n\n

Speaking\u00a0to MSNBC\u00a0in December, Luttig saluted a \u201chistoric [and] unassailable decision that the former president is disqualified from the presidency because he conducted, engaged in or aided or supported an insurrection or rebellion against the United States constitution\u201d.<\/p>\n\n\n\n

Trump and other Republican presidential contenders have said barring Trump under the 14th amendment would be anti-democratic, and that only voters should choose who is fit for office. So have prominent Democrats.<\/p>\n\n\n\n

Luttig\u00a0said: \u201cWhat I would say to all Americans is that the constitution itself has determined that the disqualification of the former president is not what is anti-democratic.<\/p>\n\n\n\n

\u201cRather, the constitution tells us that it is the conduct that can give rise to disqualification under the 14th amendment that is anti-democratic.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

Donald Trump\u00a0appealed\u00a0to the US supreme court on Wednesday to undo the Colorado\u00a0ruling\u00a0that removed him from the ballot in the western state under the 14th amendment to the US constitution, for inciting an insurrection. The\u00a0Colorado\u00a0court issued its ruling last month, but in anticipation of an appeal stayed it until 4 January, two days short of the […]<\/p>\n","protected":false},"author":8,"featured_media":41069,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_post_source_name":"","_post_source_url":"","footnotes":""},"categories":[1],"tags":[6493,6850,9306,5304,8348,5178,7960,9194,10327,8580,10767,6693,10000,2512,10507,11399,913,6576,2734,911,6778,2264,1444,9507,2471,12005,10342,10776,10799,2603,5572,11973,7574,3805,11377,11167,10722,6944,6082,1825,9262,184,6348,7354,5251,6571,2982,594],"class_list":["post-41068","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-abortion","tag-aid","tag-appeal","tag-attack","tag-ban","tag-biden","tag-case","tag-charges","tag-civil-war","tag-colorado","tag-conflict","tag-congress","tag-conservative","tag-conservatives","tag-court","tag-debate","tag-democratic","tag-democrats","tag-disability","tag-election","tag-engaged","tag-government","tag-hell","tag-immunity","tag-joe-biden","tag-judge","tag-law","tag-lawyer","tag-maine","tag-maryland","tag-military","tag-one","tag-presidency","tag-president","tag-presidential","tag-prosecution","tag-removed","tag-republican","tag-senator","tag-supreme-court","tag-united-states","tag-united-states-president-donald-john-trump-jr","tag-us","tag-us-supreme-court","tag-war","tag-white","tag-white-house","tag-who"],"blocksy_meta":[],"_links":{"self":[{"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/posts\/41068","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/comments?post=41068"}],"version-history":[{"count":1,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/posts\/41068\/revisions"}],"predecessor-version":[{"id":41070,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/posts\/41068\/revisions\/41070"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/media\/41069"}],"wp:attachment":[{"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/media?parent=41068"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/categories?post=41068"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nsemgh.com\/api-json\/wp\/v2\/tags?post=41068"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}