US Supreme Court To Decide If Trump Can Appear On Colorado Primary Ballot

WASHINGTON, D.C. — Today, the U.S. Supreme Court agreed to review former President Donald Trump’s removal from the Colorado primary ballot under Section 3 of the 14th Amendment. 

Trump appealed the decision earlier this week and asked the court to determine whether the Colorado Supreme Court erred in removing him from the ballot. In November, a state judge found that even though Trump engaged in insurrection on Jan. 6, 2021, that did not disqualify him from appearing on Colorado’s primary ballot because Section 3 does not apply to the office of president. 

Voters appealed the district court’s decision, which kept Trump on the 2024 Colorado primary ballot, to the Colorado Supreme Court. Trump also appealed the ruling, arguing that the court made “multiple grave jurisdictional and legal errors” even though it allowed him to remain on the primary ballot. In a shocking 4-3 decision, the Colorado Supreme Court ruled Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment. The decision remains paused until the U.S. Supreme Court issues a decision in the case. 

The Colorado Republican Party already filed its own appeal of the decision last week seeking clarity on whether Section 3 applies to the president, whether Section 3 allows states to remove a candidate without any congressional action and whether removal of a candidate from a presidential primary ballot violates a political party’s First Amendment right of association. 

Trump faces similar challenges to his eligibility in 19 lawsuits across the country. Yesterday, Trump appealed a decision from Maine Secretary of State Shenna Bellows (D) disqualifying him from appearing on the state’s primary ballot. Courts in Michigan and Minnesota have ruled that Trump is eligible to appear on each state’s primary ballot.

Oral argument is set for Feb. 8, less than a month before the Colorado Republican primary, which is scheduled for March 5.

Read the order here. 

Learn more about the case here.

Read more about Section 3 of the 14th Amendment here.