A major reason the court is likely to step in quickly is because similar efforts are underway in other states, including New York, California, and Pennsylvania.
The U.S. Supreme Court is likely to strike down a Colorado court ruling that removed former President Donald Trump from the state’s ballot. However, the conservative majority on the highest court is likely to do so in a narrow way that doesn’t get into the weeds of whether President Trump’s actions constituted insurrection, according to a constitutional law expert.
The Supreme Court may say the 14th Amendment’s disqualification clause doesn’t apply to the president, predicted Horace Cooper, senior fellow with the National Center for Public Policy Research, who formerly taught constitutional law at George Mason University.
The Colorado Supreme Court ruled on Dec. 19 that President Trump is to be barred from the state’s ballot because he “engaged in insurrection” by inciting his supporters to storm the U.S. Capitol on Jan. 6, 2021.
Because, under Colorado election law, only qualified candidates can be placed on the ballot, it would be “wrongful” for the secretary of state to allow on the ballot a candidate disqualified under Section 3 of the 14th Amendment, which bars from office anybody who has previously taken an oath of office and later engaged in an insurrection, according to the ruling.
Lawyers for the former president immediately announced that they intend to appeal the ruling to the U.S. Supreme Court.
“The Supreme Court is highly likely to take this case fairly quickly,” Mr. Cooper told The Epoch Times.
The Supreme Court doesn’t have to address the issue right away. It can put the state decision on hold and wait to issue a ruling until after the Colorado primary. But it’s unlikely that it would try to wait until after the next president is sworn in in 2025 and then declare the issue moot, he said.
“I don’t think they can get away with a 13-month delay,” Mr. Cooper said.
A major reason why the court is likely to step in quickly is because similar efforts are underway in other states, including New York, California, and Pennsylvania.
By Petr Svab
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