Colorado GOP petitions SCOTUS to reverse disqualification ruling claiming party is 'irreparably harmed'

Maya Boddie
27 December 2023

A week and one day after the Colorado Supreme Court ruled ex-President Donald Trump disqualified from appearing on the 2024 Republican primary ballot under Section 3 of the 14th Amendment, the state's GOP asked the US Supreme Court Wednesday to overturn the decision, 9 News reports.

The party's request comes the same day Michigan's Supreme Court — unlike Colorado's high court — decided against disqualifying Trump from the state's ballot.

"The Republican Party has been irreparably harmed by the decision below," the Colorado Republicans wrote in its petition. "The state has interfered in the primary election by unreasonably restricting the Party’s ability to select its candidates. As a natural and inevitable result, the state has interfered with the Party’s ability to place on the general election ballot the candidate of its choice. And it has done so based on a subjective claim of insurrection the state lacks any constitutional authority to make."

POLL: Should Trump be allowed to hold office again?

According to 9 News' report, the petition requests that SCOTUS consider three questions:

  • Does the 14th Amendment apply to the president?
  • Is Section 3 of the 14th Amendment self-executing, meaning does it take effect without an action by Congress?
  • Is it a violation of the First Amendment to deny a political party its ability to choose the candidate of its choice?
According to CNN, Trump's expected appeal on the Colorado Supreme Court's decision "means the state court's pause on the ruling – which was set to expire January 4 – will be indefinitely extended until the US Supreme Court announces whether it will take up the appeal, and, if it does, until it issues a final decision in the matter."
9News notes, "Colorado election law allows a voter to challenge a candidate’s qualifications. Six Colorado voters, four Republicans and two Democrats, backed by the Washington, D.C. liberal group Citizens for Responsibility and Ethics in Washington (CREW) sued to disqualify Trump from the ballot saying he did not meet the qualifications based on the 14th Amendment."
9 News full report is available here. CNN's report is here.
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