Supreme Court to Hear Emergency Appeal from Former President Trump: Battle Over 2024 Ballot Begins

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  • Source: AP News
  • 01/07/2024
Late Friday afternoon, the U.S. Supreme Court agreed to hear an emergency appeal from attorneys representing former President Donald Trump. This comes after the Colorado Supreme Court barred him from appearing on the state's 2024 ballot last month. According to Fox News, the Supreme Court has set a deadline of Jan. 31 for all briefs to be filed in the case. Additionally, oral arguments are scheduled to be heard on Feb. 8 by the justices.

“The petition for a writ of certiorari is granted. The decision stated that the case is scheduled for oral argument on Thursday, February 8, 2024. “The petitioner is required to file their brief on the merits, along with any amicus curiae briefs in support or in support of neither party, by Thursday, January 18, 2024.”

Simultaneously, the high court granted a stay of Colorado's order, directing the state's secretary of state to reinstate Trump's name on the ballot until a final decision is reached in the case.

The Colorado court has prohibited Trump from running for elected office based on the 14th Amendment's provision that prohibits "officers" of the United States who have participated in "insurrection". According to Fox News, the decisions made by Supreme Court justices will likely involve an examination of the phrase "engaged in insurrection" and its interpretation.

In a recent development, a lawsuit seeking to remove Trump and Republican Sen. Cynthia Lummis from election ballots was dismissed by a Wyoming district court judge. This decision was met with jubilation by Wyoming Republican Secretary of State Chuck Gray, as reported by Fox on Friday.

Tim Newcomb, a retired lawyer, took legal action in November by filing a lawsuit called Newcomb v. Chuck Gray. The lawsuit was brought before the Albany County District Court with the aim of removing Trump and Lummis from future ballots. He argued they were “traitors” to the Constitution in regard to the Jan. 6, 2021, riot at the U.S. Capitol Building.

"I am very satisfied with Judge Westby's decision to dismiss Mr. Newcomb's lawsuit, which I believe was completely unfounded and offensive. This lawsuit aimed to remove Donald Trump and Cynthia Lummis from the ballot in Wyoming," Gray stated in a press release shared with Fox News Digital.

It has been my focus to ensure that Donald Trump's presence on the ballot is secured, and I am pleased to report that our motion to dismiss the lawsuit has been successful. Gray added that he will persist in opposing the nationwide initiative, aiming to safeguard the elections' integrity and uphold the people of Wyoming's right to independently elect their representatives.

"Mr. Newcomb's opinion reflects the passionate views of someone with strong left-wing beliefs," Gray told the Cowboy State Daily last month. "It's yet another instance of the tactics employed by individuals on the radical Left, whose misguided attempts at election interference are both outrageous and incorrect."

The ratification of the 14th Amendment after the Civil War ensures that individuals who have participated in insurrection are barred from holding public office, provided that they pledge allegiance to the Constitution. In addition to its vague wording and absence of direct mention of the presidency, this provision has only been put into effect twice since 1919.

The seven justices of the state's highest court were appointed by Democratic governors of Colorado. In order to secure their positions on the bench, six out of the seven judges successfully won statewide retention elections. The seventh member has not yet had the opportunity to vote since her appointment in 2021. The ruling was not met with complete agreement, with a vote of 4-3.

Trump has strongly criticized the 14th Amendment litigation, viewing it as an unjust manipulation of the judicial process. He maintains his innocence regarding the events of January 6. He has pleaded not guilty to federal and state charges in connection with his attempts to overturn the outcome of the 2020 election. Prior to the groundbreaking decision, numerous parties, including a significant number of attorneys general from Republican-controlled states, submitted briefs in a legal dispute regarding Trump's eligibility to be listed on Colorado's 2024 ballot.


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