Lawyers leading the fight to keep Donald Trump off the ballot in 2024 have urged the Supreme Court to declare him ineligible to be president again. They argue that Trump spearheaded the violent attack on the U.S. Capitol on January 6, 2021, in an attempt to overturn his election loss. The lawyers are calling on the justices to uphold a Colorado court decision that would remove Trump from the state’s primary ballot. The case presents the court with its first look at a provision of the 14th Amendment that bars some people who “engaged in insurrection” from holding public office. The lawyers argue that Trump intentionally organized and incited the attack on the Capitol and that he bears responsibility for the insurrection.
The lawyers argue that the court should make a decision that makes clear that the events on January 6 were an insurrection and that Trump is covered by the constitutional provision under the 14th Amendment. They contend that Congress does not need to take action before states can apply the provision. Trump’s lawyers, on the other hand, argue that efforts to keep him off the ballot threaten to disenfranchise millions of Americans and would cause chaos and bedlam. They believe that the Colorado Supreme Court’s ruling should be reversed because Trump did not engage in insurrection and because the presidency is not covered by the amendment. They also argue that Congress would need to pass legislation before states could use the provision to keep candidates off the ballot.
The Supreme Court is set to hear arguments in the case on February 8. The justices are being urged to act quickly so that voters know whether Trump is eligible to hold the presidency. Trump has already won the first two GOP presidential contests and former U.N. Ambassador Nikki Haley is his main opponent. The court’s decision could have a significant impact on the 2024 presidential election.
