Supreme Court prepares hearing on Trump removal from Colorado ballot


(COLORADO SPRINGS) — The U.S. Supreme Court will soon debate whether former President Donald Trump should be removed from Colorado’s primary ballot, the first of what could be several legal challenges by Trump to confront the nine justices. This comes after Trump appealed the state’s Supreme Court ruling in Dec. which disqualified him from the state ballot.

At issue is whether Trump committed “insurrection” by inciting a crowd to storm the U.S. Capitol on Jan. 6, 2021, and whether that would make him constitutionally ineligible to be re-elected president. That, in turn, could block him from appearing on a state primary ballot as a candidate for that office.

Oral arguments are scheduled for Thursday, Feb. 8 at 10 a.m. ET, and an expedited ruling could come within days or weeks.

Colorado Secretary of State Jena Griswold is making her case ahead of Thursday’s (2/8) hearing, which centers around three main points. Colorado may exclude insurrectionists, the state Supreme Court was right to rule on the case, and political parties do not have a right to place ineligible candidates on the ballot.

“We are only here because Donald Trump tried to steal the presidency from the American people,” Griswold explained. “Ultimately, as Secretary of State, we have to look at the law and the U.S Constitution and we believe that a state can choose to exclude someone from their ballot who is not qualified for office.”

“The fact is, the Secretary is dead wrong,” Dave Williams, Colorado GOP Chairman said. “Political parties have the right to put forward candidates or nominees that they think will best represent them in the general election. What we’re deciding is whether or not the 14th Amendment, Section 3 is something that could disqualify a potential candidate.”

The 14th Amendment, Section 3 of the Constitution states, “No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

“My job is to follow court decisions, but ultimately I do not think that the President, regardless of who that President is, a Democrat or Republican, is above the law or the constitution,” Griswold said.

“I think the Supreme Court is going to act quickly on this,” Williams explained. “Ultimately this is an attempt by desperate democrats to include the Secretary in trying to remove Donald Trump from the general election ballot so that their candidate, Joe Biden, won’t stand a better chance.”

Colorado’s Secretary of State told FOX21, regardless of the Supreme Court’s decision, Trump will appear on the Colorado Republican primary ballot, but what will be decided Thursday is if votes from Trump in Colorado will count.

“We need to know whether the Colorado Supreme Court got it right in saying that Donald Trump is disqualified from the ballot or whether they overrule that,” Griswold said.

“We are hoping to see a 9-0 ruling in our favor so that the Secretary of State and the other desperate Democrats trying to remove Trump from the ballot understand that this is sacred, that we need to protect the right of all Americans to vote for the candidates of their choosing,” Williams explained.

Oral arguments are scheduled for Thursday (2/8) and a ruling could come within days or weeks.

For the latest news, weather, sports, and streaming video, head to FOX21 News Colorado.

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