The appeal was expected, as states disagree on whether the 14th Amendment, which prohibits "rebels" from holding federal office, applies to the former president. The Wall Street Journal writes, UNN reports.
Details
The lawyers of former US President Donald Trump have appealed to the US Supreme Court to review and overturn the decision of the highest court in Colorado, which previously caused a stir by declaring Trump ineligible to hold the presidency due to his actions during the storming of the Capitol.
Referring to the provision of the 14th Amendment, which prohibits persons who participated in a rebellion after taking an oath to the Constitution from holding public office, Trump explains this as follows:
In the context of the history of violent American political protests, January 6 was not an insurrection and thus did not justify the application of Section 3
The report cites examples of Trump using the word "peaceful" several times in his public statements on January 6. This is intended to refute the conclusions of the Colorado courts that Trump allegedly participated in a riot by encouraging a crowd of his supporters to attack the Capitol, where Congress was meeting at the time to certify Biden's victory in the November 2020 election.
Another detail that Trump uses is that it is Congress, not state courts, that should determine whether the conditions of Section 3 are met; in addition, the president should not be classified as an officer of the United States for the purposes of the 14th Amendment.
Erik Olson, a lawyer representing Republicans and independent voters in Colorado who sought Trump's disqualification, promised a vigorous defense of the state court's decision.
We are reviewing Trump's appeal and will file our response tomorrow to ensure that the Colorado Supreme Court's historic decision stands
The Supreme Court is expected to agree to hear Trump's appeal to provide clarity on Trump's eligibility, which has divided judges and state officials. The Colorado Republican Party has asked for a ruling by March 5, and the Colorado voters who brought the case have called on the justices to act even faster and make a decision by February 12.
Addendum
On December 27, the Michigan Supreme Court ruled that Trump could appear on the ballot in the tightly contested state, while California kept the former president on its primary ballot. But on December 28, Maine's chief election official, a Democrat, banned Trump from appearing on the state's primary ballot. On Tuesday, Trump appealed the decision to a Maine court.
Interestingly, the decisions of the courts of Maine and Colorado concern only the Republican primaries held in these two states.
But while the court proceedings are ongoing, the ballots will still have to contain the name of the former president.
Recall
Earlier, UNN reported that former President Donald Trump appealed the decision of Maine Secretary of State Shanna Bellows, who banned him from participating in the primary elections due to his role in the attack on the Capitol on January 6, 2021.