OAN’s Sophia Flores
2:30 PM – Wednesday, January 3, 2024
45th President Donald J. Trump’s legal team has filed an appeal to the United States Supreme Court (SCOTUS) to overturn the Colorado Supreme Court ruling removing the former president from the state’s GOP primary ballot.
On Wednesday, his lawyers issued a filing stating that the 14th Amendment’s “insurrection clause” was not valid in this situation and urged the justices to “return the right to vote for their candidate of choice to the voters.”
“This Court should grant certiorari to consider this question of paramount importance, summarily reverse the Colorado Supreme Court’s ruling, and return the right to vote for their candidate of choice to the voters,” attorneys for the former president wrote in the filing.
The Colorado Supreme Court disqualified Trump from the state’s primary ballot on December 19th in a 4-3 decision.
They claimed that he violated Section 3 of the 14th Amendment for allegedly inciting a U.S. Capitol breach on January 6th, 2021. However, presidents do not fall under the jurisdiction of Section 3 of the 14th Amendment as they are not an “officer of the United States.”
Even though this is a high-profile litigation, the SCOTUS is not required to take the case. Without the highest court in the nation intervening, states are allowed to ban Trump from the ballot.
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