The former US President, Donald Trump has fought back the Colorado ruling that banned him from contesting in the coming US Elections by appealing at the US Supreme Court.
In a shocking and land mark decision, the Colorado court on 19 December 2023 disqualified him from holding the presidency under the Constitution’s “insurrection clause” due to his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol.
Trump’s lawyers argued that the eligibility to serve as President of the United States is only reserved for the Congress and not the courts.
“The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide,” argued the lawyers for the former president.
They added that, “by considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority.”
They further stated the Court did not have the authority to deny the former president access to the ballot.
Although the Colorado Supreme Court said Trump should be kept off the state’s presidential primary ballot, it paused its decision, ensuring his name will remain listed until the Supreme Court takes action.
Colorado’s presidential primary is scheduled for March 5.
The latest appeal by Trump presents a complex scenario for the Supreme Court which has never before directly addressed the application of Section 3.
It is expected however that, it could rule on procedural grounds, such as finding that the case raises a political question that cannot be decided by the courts. On the other hand, if the justices decide the case on the merits, they will consider weighty issues including whether the measure covers the president and presidency, if the Jan. 6 riot was an “insurrection” and whether Trump “engaged” in it or not.
By Desmond Nleya: Daily Times
Donald Trump fights Colorado Ruling at US Supreme Court
The former US President, Donald Trump has fought back the Colorado ruling that banned him from contesting in the coming US Elections by appealing at the US Supreme Court.
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