The U.S. Supreme Court is set to review a Colorado high court ruling that states that former President Donald Trump is ineligible to be on the ballot for president. This comes after efforts to disqualify Trump based on the 14th Amendment's insurrectionist ban have been pursued in multiple states, with most of them being dismissed by election officials or the courts themselves. However, Maine is the only other state, apart from Colorado, that has formally moved to disqualify Donald Trump, and that case is still working its way through lower courts.
On behalf of Colorado, Secretary of State Jenna Griswold argues that Trump is an ineligible insurrectionist. She will be present at the U.S. Supreme Court during the arguments. While it is important to note that Trump has not faced criminal charges for insurrection, Griswold emphasizes that this is a civil procedure rather than a criminal court case. Trump has already faced a five-day hearing in a Colorado district court and also appeared before the Colorado Supreme Court. Both courts determined that he engaged in insurrection.
Some have questioned the extent of the trial, considering the seriousness of the charge. However, it is clarified that Trump had the opportunity to present a defense and call witnesses but chose not to utilize all the time allotted to him. Furthermore, he refused to appear or provide a deposition. Thus, it is argued that he was afforded due process.
During the Supreme Court hearing, the state solicitor general will present the key argument on behalf of Colorado. The main point is that states have the authority to keep ineligible candidates off the ballot. This is comparable to not including someone like Arnold Schwarzenegger, who is not a natural-born citizen, on the ballot. Griswold emphasizes that allowing disqualified candidates on the ballot causes confusion and suppresses votes. She also mentions that Trump's attempt to steal the 2020 election through his incitement of the insurrection is what ultimately led to this lawsuit.
While some Republican Secretaries of State have urged the Supreme Court to rule against the Colorado Supreme Court, arguing that partisan officials alone should not determine eligibility, Griswold maintains that upholding the law and the Constitution is essential. She emphasizes that there are safeguards in place, including the legal system, and highlights that the decision to disqualify Trump in Colorado was not made by her but by Republican and unaffiliated voters who did not want an ineligible candidate on the ballot.
The Supreme Court's review of the Colorado high court ruling will shed light on the extent to which states can determine eligibility and keep disqualified candidates off the ballot. The outcome could have implications for future elections and the interpretation of constitutional provisions.