Trump’s 14th Amendment defense ‘less legal than political,’ plaintiffs tell Supreme Court – Colorado Newsline
Jason Murray, attorney for the petitioners, addresses the district court in Denver during a hearing for a lawsuit to keep former President Donald Trump off the Colorado ballot, Nov. 3, 2023, in Denver. (AP, pool/Jack Dempsey)
Trump disqualification
Read more from our reporting on the Trump 14th Amendment case here.
The Colorado plaintiffs who sued to block former President Donald Trump from the state’s 2024 ballot under a Civil War-era insurrection clause reiterated their case to the justices of the U.S. Supreme Court in a new filing Friday.
A 4-3 majority of the Colorado Supreme Court issued a historic ruling in December barring Trump from the ballot under Section 3 of the 14th Amendment, which prohibits a person who took an oath to support the Constitution and then “engaged in insurrection” from holding office again. The Colorado decision is on hold pending the outcome of Trump’s appeal to the U.S. Supreme Court. Trump, who has been formally endorsed by the Colorado Republican Party and is the overwhelming favorite to secure the GOP nomination, will still appear on Colorado’s March 5 presidential primary ballot.
“Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him,” attorneys for the plaintiffs wrote in their 60-page brief, a response to a Jan. 18 filing from Trump’s team. “By spearheading this attack, Trump engaged in insurrection against the Constitution.”
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The plaintiffs urged the U.S. Supreme Court to affirm the Colorado Supreme Court’s ruling, which held that certifying Trump’s candidacy would violate state election laws requiring only candidates who are eligible to assume office from appearing on the ballot.
Trump’s lawyers urged the Supreme Court last week to “put a swift and decisive end” to 14th Amendment challenges in Colorado and other states, predicting “chaos and bedlam” if the Colorado ruling is allowed to stand.
“The thrust of Trump’s position is less legal than it is political. He not-so-subtly threatens ‘bedlam’ if he is not on the ballot,” the plaintiffs argue. “But we already saw the ‘bedlam’ Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.”
The plaintiffs’ filing dismisses Trump’s efforts to distance himself from the Jan. 6 attack as a “perfunctory five-page work of fiction,” and further rejects arguments made by Trump and his allies that the president is not an “officer of the United States” as covered by Section 3, or that the clause requires an act of Congress to be enforced.
“The decision made by the Colorado Supreme Court was based on volumes of briefing as well as facts developed in a five-day hearing featuring testimony from numerous fact witnesses and experts,” Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, said in a press release Friday. “In his brief to the Supreme Court, Trump did not identify any errors in that decision that would warrant overturning it.”
Backed by CREW, six Republican and unaffiliated voters brought the suit against Trump and Colorado Secretary of State Jena Griswold in Denver District Court last year, asking the court to order Griswold to bar Trump from the ballot. Though a district court judge initially ruled against the plaintiffs, the Colorado Supreme Court overturned the ruling on appeal and declared Trump ineligible.
“My fellow plaintiffs and I are honored to bring this case to the Supreme Court to protect the rights of each and every Coloradan,” Norma Anderson, one of the six voters and a former Republican state lawmaker, said in a statement.
“This historic case is nothing less than a defense of the democratic principles that define America itself,” said Jason Murray, an attorney for the plaintiffs. “We look forward to ensuring our victory at the Colorado Supreme Court is upheld.”
Oral arguments in the Supreme Court case are scheduled for Feb. 8.
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by Chase Woodruff, Colorado Newsline
January 26, 2024
by Chase Woodruff, Colorado Newsline
January 26, 2024
Trump disqualification
Read more from our reporting on the Trump 14th Amendment case here.
The Colorado plaintiffs who sued to block former President Donald Trump from the state’s 2024 ballot under a Civil War-era insurrection clause reiterated their case to the justices of the U.S. Supreme Court in a new filing Friday.
A 4-3 majority of the Colorado Supreme Court issued a historic ruling in December barring Trump from the ballot under Section 3 of the 14th Amendment, which prohibits a person who took an oath to support the Constitution and then “engaged in insurrection” from holding office again. The Colorado decision is on hold pending the outcome of Trump’s appeal to the U.S. Supreme Court. Trump, who has been formally endorsed by the Colorado Republican Party and is the overwhelming favorite to secure the GOP nomination, will still appear on Colorado’s March 5 presidential primary ballot.
“Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him,” attorneys for the plaintiffs wrote in their 60-page brief, a response to a Jan. 18 filing from Trump’s team. “By spearheading this attack, Trump engaged in insurrection against the Constitution.”
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
The plaintiffs urged the U.S. Supreme Court to affirm the Colorado Supreme Court’s ruling, which held that certifying Trump’s candidacy would violate state election laws requiring only candidates who are eligible to assume office from appearing on the ballot.
Trump’s lawyers urged the Supreme Court last week to “put a swift and decisive end” to 14th Amendment challenges in Colorado and other states, predicting “chaos and bedlam” if the Colorado ruling is allowed to stand.
“The thrust of Trump’s position is less legal than it is political. He not-so-subtly threatens ‘bedlam’ if he is not on the ballot,” the plaintiffs argue. “But we already saw the ‘bedlam’ Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.”
The plaintiffs’ filing dismisses Trump’s efforts to distance himself from the Jan. 6 attack as a “perfunctory five-page work of fiction,” and further rejects arguments made by Trump and his allies that the president is not an “officer of the United States” as covered by Section 3, or that the clause requires an act of Congress to be enforced.
“The decision made by the Colorado Supreme Court was based on volumes of briefing as well as facts developed in a five-day hearing featuring testimony from numerous fact witnesses and experts,” Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, said in a press release Friday. “In his brief to the Supreme Court, Trump did not identify any errors in that decision that would warrant overturning it.”
Backed by CREW, six Republican and unaffiliated voters brought the suit against Trump and Colorado Secretary of State Jena Griswold in Denver District Court last year, asking the court to order Griswold to bar Trump from the ballot. Though a district court judge initially ruled against the plaintiffs, the Colorado Supreme Court overturned the ruling on appeal and declared Trump ineligible.
“My fellow plaintiffs and I are honored to bring this case to the Supreme Court to protect the rights of each and every Coloradan,” Norma Anderson, one of the six voters and a former Republican state lawmaker, said in a statement.
“This historic case is nothing less than a defense of the democratic principles that define America itself,” said Jason Murray, an attorney for the plaintiffs. “We look forward to ensuring our victory at the Colorado Supreme Court is upheld.”
Oral arguments in the Supreme Court case are scheduled for Feb. 8.
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Colorado Newsline is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: info@coloradonewsline.com. Follow Colorado Newsline on Facebook and Twitter.
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Chase Woodruff is a senior reporter for Colorado Newsline. His beats include the environment, money in politics, and the economy.
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Colorado Newsline provides fair and accurate reporting on politics, policy and other stories of interest to Coloradans. Newsline is based in Denver, and coverage of activities at the Capitol are central to its mission, but its reporters are devoted to providing reliable information about topics that concern readers in all parts of the state, from Lamar to Dinosaur, from Durango to Sterling.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site.