The Supreme Court is slated to decide on former President Donald Trump’s political fate in the following weeks, as the court heard oral arguments on Feb. 8 about Colorado excluding Trump from the primary ballot.
The case Trump v. Anderson is based on the appeal of a Colorado court ruling which excluded Trump from the 2024 Republican primary ballot. In the hearing that lasted over two hours, justices across ideological differences heavily questioned the arguments of both Colorado and Trump, considering the consequences of allowing states to decide what candidates end up on their ballots.
“In this situation a ruling from this court that affirms the decision below, would not only violate term limits, but take away the votes of potentially tens of millions of Americans” said Jonathan Mitchell, Trump’s lawyer for the oral arguments, in a video aired by C-SPAN.
The Colorado Supreme Court ruling was the first of its kind in the United States. In Anderson v. Griswold, a majority of the court found that the former president is disqualified from holding presidential office under Section 3 of the 14th Amendment, according to the Colorado Supreme Court. The section states that no officer of the United States should have engaged in insurrection against the country.
The Colorado court ruled that a president is an officer of the United States, and therefore Trump’s actions on Jan. 6 were disqualifiers. The case was appealed to the high court by Trump’s lawyers.
During oral arguments, the justices further questioned Colorado attorneys over the constitutional definition of an officer of the United States.
Jonathan Mitchell, Trump’s attorney, argued that Trump was not covered by Section 3 because he was not an officer, and that states cannot alter federal qualifications for the president.
“Officer of the United States refers only to appointed officials, and it does not encompass elected individuals such as president or members of Congress,” Mitchell said in an opening statement to the court.
During the hearing, Justice Neil Gorsuch asked Mitchell to explain the distinction between the presidential office and officer of the United States, to which Mitchell responded that some officers are not elected officials, therefore excluding the president and any candidates.
Jason Murray, the attorney representing Colorado voters, argued that Section 3 is deliberately vague to include all federal officers, disqualifying the former president from higher office. He continued by referring to Article 2 of the 10th Amendment, which delegates rights not listed in the constitution to states.
Murray emphasized the unique circumstances of the Jan. 6 insurrection as a reason to disqualify the former president. Chief Justice John Roberts questioned partisan interpretations of Colorado’s ruling, calling partisan applications “a daunting consequence.”
If the Supreme Court sides with Trump, he will return to the Republican primary ballot in Colorado and any other state challenges will be overruled. If the court sides with Colorado, he will remain off of the ballot in the state, and allow other states to follow suit.
As the Republican presidential primaries continue, this ruling could stop Trump’s winning streak thus far in Iowa, Nevada and New Hampshire. This opinion of the court is expected within weeks, as Colorado’s primary will be held on March 5.