The dispute comes from Colorado — but it could have national implications for Trump and his political fate.
The Supreme Court will hear a case Thursday that could upend the presidential election in November.
The justices will consider whether Republican front-runner Donald Trump can be disqualified from a state primary ballot because he allegedly engaged in an insurrection to try to cling to power, after he lost the 2020 election to Joe Biden.
The dispute comes from Colorado, where the state Supreme Court threw Trump off its GOP primary ballot. But the U.S. Supreme Court’s ruling could have national implications for Trump and his political fate.
The plaintiffs in the case argue that Trump’s actions in the aftermath of the 2020 presidential election automatically disqualify him from office. Trump’s lawyers counter that the case against him is one of overreach. Legal scholars say the court’s failure to act in time would « place the nation in great peril. »The facts of the case
The case was brought by Norma Anderson, who watched intruders storm the U.S. Capitol three years ago on television, from her home in Colorado.
« They’re trying to overthrow the government is what I was thinking, » Anderson recalled.
Anderson, 91, is a Republican. She was the first woman to lead the Colorado House of Representatives, and later, the state Senate. She said taking part in the lawsuit is her way of protecting democracy.
« You have to remember, as old as I am, I was born in the Great Depression, » she said. « I lived through World War II. I remember Hitler. I remember my cousin was with Eisenhower when they opened up the concentration camps….I mean, I understand protecting democracy. »
Anderson and five other Colorado voters are relying on part of the 14th Amendment, passed after the Civil War, to keep Confederates out of office.
« Those who drafted section 3 of the 14th Amendment back in the 1860s were very clear that they understood this provision not just to cover former Confederates but that it would stand as a shield to protect our Constitution for all time going forward and so this is not some dusty relic, » said Jason Murray, their lawyer.Does the 14th Amendment apply to Trump?
This provision has been used to disqualify candidates only eight times since the 1860s, most recently, two years ago, in the case of a county commissioner from New Mexico who trespassed at the Capitol on Jan. 6, 2021. It’s never been used against a presidential candidate.
« In an ideal world, it would have been great to have years to build cases in different states and different parts of the country regarding defendants at different levels, » said Noah Bookbinder, the president of Citizens for Responsibility and Ethics in Washington, which is backing the lawsuit. « We didn’t have that luxury because this person who played such a central role in making that insurrection happen, Donald Trump, was suddenly trying to put himself in a position of power again. »
Murray said there’s a reason to revive dormant language in the Constitution now, in this case: « No other American president has refused to peacefully hand over the reins of power after losing an election, » he said.
