The US Supreme Court held oral arguments on Thursday regarding the potential exclusion of President Trump from the Colorado ballot. In December, the Colorado Supreme Court disqualified Trump from appearing on the 2024 ballot.
All seven justices on the Colorado Supreme Court were appointed by Democrats.
While three justices dissented, four voted in favor of preventing Trump’s inclusion on the ballot.
The legal basis for this decision relies on Section 3 of the 14th Amendment to the US Constitution, which allows for disqualification of public officials who have participated in insurrection or rebellion against the country.
It is important to note that Trump has not been formally charged with engaging in insurrection or rebellion against the United States.
During oral arguments, even some liberal justices expressed skepticism as they listened to arguments presented by Colorado lawyer Jason Murray.
“Why should a single state have the ability to make this determination not only for their own citizens but for the rest of the nation?” Justice Kagan asked.
In a heated exchange, Justice Neil Gorsuch, appointed by President Trump, strongly challenged Colorado attorney Murray as he presented implausible hypothetical scenarios.
Unyielding, Gorsuch fiercely dismantled Murray’s arguments, noteworthy because Murray had previously served as one of his clerks. The confrontation was intense and resulted in a resounding defeat.