The most potent effort to disqualify Donald Trump from the 2024 ballot lands Wednesday in the lap of Colorado’s highest court — and a ruling there could send the case hurtling toward the U.S. Supreme Court just as the election year arrives.
The Colorado case is one of dozens around the country that have challenged Trump’s eligibility to return to the presidency. The cases argue that he is disqualified under section 3 of the 14th Amendment, which states that anyone who “engaged in insurrection or rebellion” after taking an oath of office to support the Constitution is forbidden from holding any public office.
So far, no court has declared Trump ineligible, and few of the cases have advanced beyond initial stages. In Minnesota, the state supreme court dismissed a challenge seeking to bar Trump from that state’s Republican primary ballot, but said the challengers could bring a new case concerning the general election after the primary. In Michigan, a state judge dismissed a challenge there, and an appeals court is expected to issue a ruling after Dec. 8.
The Colorado case, however, is on the fastest track, and the challengers there may have one of their most favorable venues: All seven justices of the Colorado Supreme Court are Democratic appointees.
During Wednesday’s argument, those justices will face two weighty questions: whether Trump provoked and participated in the Jan. 6, 2021, insurrection at the U.S. Capitol and, if so, whether that act requires his removal from the ballot. [Continue reading…]