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Former President Donald Trump is asking the Supreme Court to weigh in the question of whether states can remove his name from the ballot.
His attorneys filed a petition for a writ of certiorari on Wednesday, arguing that the Colorado Supreme Court exceeded its authority when a majority of judges ruled that he was ineligible for the ballot.
“The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide,” Trump’s legal team wrote. “By considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority.”
Read the Trump petition to the Supreme Court (via Lawfare).
They also challenged the Colorado judges’ conclusions about the 14th Amendment, which prohibits those who have taken an Oath and have “engaged in insurrection or rebellion” from holding office. Trump’s team argued that the presidency is not an “officer of the United States,” as is defined in the amendment. They also argued that the events of January 6, 2021 were “not ‘insurrection’ and President Trump in no way ‘engaged’ in ‘insurrection,’” they wrote.
Trump’s appeal of the Colorado decision is not a surprise. He’s also challenging the Maine Secretary of State’s decision to keep him off that state’s ballot. Other states have weighed in favor of the former president.
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