The US Supreme Court is now confronting an election case of unparalleled weight that will determine Donald Trump’s prospects to regain the White House and influence public regard for an increasingly embattled court.
The new controversy from Colorado arrives as the nine justices face more scrutiny and the country is more polarized than in 2000, the last time the court was at the center of a presidential election battle, in the case of Bush v. Gore.
The justices’ handling of the fight over Trump’s disqualification from the Colorado ballot – the first moves of which were made on Friday – could intensify the tumult surrounding them or, in the end, give them an opportunity to inspire confidence regarding the norms of democracy as the 2024 elections approach.
The Colorado Supreme Court decision Trump is appealing said Section 3 of the 14th Amendment — adopted after the Civil War and aimed at former Confederate officials — disqualifies him from state ballots. The state voters challenging Trump struck back immediately to his arguments characterizing an insurrection, asserting in a Thursday evening filing that “this attack was an ‘insurrection’ against the Constitution by any standard.”
Lower court judges have found that Trump incited violence when he implored allies on January 6 to “fight like hell” to “take back our country.”
But Trump contended in his filing to the justices that “his only explicit instructions” on January 6 were for peaceful protests. His legal team even attached a copy of Trump’s speech on the Ellipse that day.
Trump and the others involved in the new paired controversies – voters challenging him on the ballot and the Colorado Republican State Central Committee – want the justices to resolve the unprecedented dispute quickly.
Norma Anderson, a former Republican Colorado legislative leader, and the five other GOP voters who began the case against Trump want it decided by February 11, before a scheduled February 12 mailing of primary ballots in Colorado. The Colorado Republican Committee, backing Trump’s interests, has asked the justices to rule by at least March 5, which is when ballots in the state have to be submitted. That is also Super Tuesday, when more than a dozen other states hold their primaries.
Trump’s lawyers offered no specific timetable but stressed the urgency of the issue, writing that the Colorado Supreme Court decision disqualifying him “would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide.”
For instance, the Maine secretary of state, Shenna Bellows, in December determined that Trump should not be on the ballot. Trump has appealed her decision in Maine state courts, and it could be similarly bound for the US Supreme Court.
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