A few weeks ago, the state of Colorado moved to ban former President Donald Trump from its ballots for the upcoming 2024 presidential election. Colorado’s Supreme Court applied the provision, Section 3 of the 14th amendment, to Trump in it’s ruling. The provision prevents any former officeholder who engaged in insurrection from holding office, civil or military, in the United States.
The Supreme Court heard arguments from both the state of Colorado and lawyers for former President Trump. The Supreme Court justices seem skeptical of Colorado’s ruling from their questions and their statements. It seems the justices believe that individual states may not disqualify candidates in a national election.
There was little discussion today of whether to Trump engaging in the insurrection.
Rather, Trump’s lawyers made more procedural arguments. Trump’s attorney Jonathan Mitchell opened the hearing explaining that Trump is exempt from the provision because a president is not an officer of the United States.
Jonathan Mitchell: Officer of the United States refers only to appointed officials, and it does not encompass elected individuals, such as the president or members of Congress.
Supreme Court Justice Alito spoke to possible consequences of letting Colorado keep its ruling.
Justice Alito: Some people claim would be quite severe would it not lead to the possibility that other states would say that there’s non mutual collateral estoppel against former President Trump. And so the decision of the Colorado Supreme Court could effectively decide this question for many other states, perhaps all other states.
Jason Murray is an attorney representing the state of Colorado. He explained that the “eligibility provision” of the US Constitution was written soon after the Civil War to prohibit insurrectionists from holding political office.
Jason Murray: What is very clear from the history is, is that the framers were concerned about charismatic rebels who might rise through the ranks up to and including the presidency of the United States.
Jena Griswold is the Colorado Secretary of State. She says the Constitution is clear that Trump is ineligible for future office.
Jena Griswold: And it’s striking just steps away from the U.S. Capitol, where Donald Trump incited an insurrection, a violent mob where Congress people ran for their lives. Donald Trump argued that all insurrectionists can be on ballots, and that even if he was convicted of insurrection, that he has presidential immunity.
The Supreme Court justices are expected to act quickly before Super Tuesday March fifth and primary elections in 15 states, including Colorado.
For Annenberg Media, I’m Nathan Silva.