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☆ Opinion: In Trump Supreme Court case, remember Congress already disqualified him
▼ + stars: | 2024-02-08 | by ( Opinion Tristan Snell | ) edition.cnn.com time to read: +7 min

The case now comes to the Supreme Court following Trump’s appeal, and it could determine whether Trump appears on the ballot in up to 35 different states where his eligibility is being challenged. Fortunately, the Supreme Court need not look far for answers to these questions. The Supreme Court may be wary of disqualifying Trump based solely on their own ruling as a group of unelected judges. The Constitution is clear, Congress’ votes are clear and Trump’s disqualification is thus wholly justified. That is the genius of the 14th Amendment — which the Supreme Court should fully embrace.

Persons: Tristan Snell, Donald Trump, ” Tristan Snell, Tristan Snell The, Trump, ”, disqualifying Trump Organizations: Trump, MSNBC, CNN, New York, Trump University, Tristan Snell The Colorado Supreme, Capitol, Electoral, Senate, Congress Locations: New York State, Tristan Snell The Colorado, that’s, Colorado

WASHINGTON (AP) — The Supreme Court on Thursday will hear former President Donald Trump's appeal to remain on the 2024 ballot, the justices' most consequential election case since Bush v. Gore in 2000. The Colorado Supreme Court ruled that Trump incited the riot in the nation’s capital and is ineligible to be president again. As a result, he should not be on the ballot for the state’s primary on March 5, the court ruled. Trump is separately appealing to state court a ruling by Maine’s Democratic secretary of state, Shenna Bellows, that he was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

Persons: Donald Trump's, Bush, Gore, Trump, “, Shenna Bellows, ‘ Hamilton, ’ ”, Susan Acker, George W, Clarence Thomas, Thomas, Ginni Organizations: WASHINGTON, U.S . Capitol, Colorado Supreme, Republican, Trump, Democratic, Colorado Supreme Court, Capitol Locations: Colorado, Colorado , Maine, Maine, Susan Acker of Cincinnati , Ohio, New York, Bush

☆ Supreme Court set to hear Trump challenge to Colorado ballot ban that cited 'insurrection'
▼ + stars: | 2024-02-08 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

Six Republican and unaffiliated voters in Colorado had filed the lawsuit that led to the state Supreme Court ruling. Grimsley predicted that claim will be closely scrutinized by the Supreme Court justices during oral arguments. "I think the justices will be very interested in that question, if only because President or former President Trump has made that the lead argument in this case," Grimsley said. Three of the nine Supreme Court justices who will hear his appeal Thursday were appointed by Trump — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Three other justices who were appointed by Republican presidents with Trump's appointees comprise a conservative supermajority on the Supreme Court.

Persons: Donald Trump, Jared Polis, Doug Burgum, Trump, Joe Biden, Nikki Haley, Colorado's, Sean Grimsley, Grimsley, Mario Nicolais, Nicolais, Trump — Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett Organizations: Colorado, North Dakota, White, U.S, Supreme, Republican, Constitution, United, The, The Colorado Supreme Court, GOP, South Carolina Gov Locations: Washington ,, Colorado, United States, The Colorado

☆ Trump 14th Amendment Supreme Court oral arguments: What to watch
▼ + stars: | 2024-02-08 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

The court scheduled 80 minutes for the arguments that will kick off shortly after 10 a.m. Though the 14th Amendment was ratified in 1868, the court has never before wrestled with a claim based on the insurrection clause. The case, Trump v. Anderson, is on appeal from the Colorado Supreme Court, which in December ruled that the former president is no longer eligible to serve. Trump is simultaneously juggling four criminal prosecutions – including one that could reach the Supreme Court in coming days dealing with whether he can claim immunity from criminal prosecution. While the stakes for Trump are enormous, they are also significant for the Supreme Court.

Persons: Donald Trump’s, Bush, Gore, ”, Kermit Roosevelt, ” Trump, Anderson, Trump, Michael Gerhardt, John Roberts, Elena Kagan, Roberts, Sonia Sotomayor, Ketanji Brown Jackson, Kagan, Barack Obama, “ Roberts, ” Gerhardt, “, ” CNN’s Marshall Cohen Organizations: CNN, GOP, Trump, University of Pennsylvania Carey Law School, Supreme, Colorado Supreme, Capitol, University of North, Republican, New, Interplay Locations: Colorado, Maine, University of North Carolina, Iowa, New Hampshire

☆ Supreme Court may not escape unscathed from its latest date with Trump
▼ + stars: | 2024-02-08 | by ( Stephen Collinson | ) edition.cnn.com time to read: +10 min

Now, the US Supreme Court faces its greatest test so far from the former president. How Trump works the refsEven though Trump is not expected to attend Thursday’s oral arguments at the Supreme Court, the justices know what’s coming. According to a CNN poll conducted late last month, 49% of Republicans say Trump did nothing wrong following the last presidential election. “I’m not happy with the Supreme Court. “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts wrote in an extraordinary statement that did not name Trump, but clearly had him in mind.

Persons: Donald Trump, George W, Bush, Al Gore, Trump, it’s, he’s, what’s, Jean Carroll —, Trump’s, Donald Trump Jr, “, ”, SCOTUS, John Roberts, doesn’t, Gore, – Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett –, “ I’m, ” Trump, didn’t, Roberts, Clinton, ” Roberts, CNN’s, Joan Biskupic, Biskupic Organizations: CNN, Colorado Supreme, Trump, Texas Gov, Republican, Supreme, Capitol, Democratic, Representatives Locations: New York, Washington ,, ”, Bush, Washington, Iowa, Colorado, Manhattan

WASHINGTON (AP) — The Supreme Court on Thursday heard two hours of historic arguments in a Colorado case to remove former President Donald Trump from the ballot. Murray gave well-rehearsed arguments that won the day in the Colorado Supreme Court, whose 4-3 ruling that Trump was ineligible got the case to Washington. Salmon Chase, who was then the chief justice of the Supreme Court, heard the case while acting as an appellate judge. Going into the case, the prevailing view of legal experts was the Supreme Court would keep Trump on the ballot. Would it mean a reelected President Trump suddenly becomes ineligible.

Persons: Donald Trump, “, TRUMP, Trump, Democrat Joe Biden, Elena Kagan, Samuel Alito, Brett Kavanagh, John Roberts, Jason Murray, Murray, Salmon Chase, Chase, weren’t, Kavanagh, Ketanji Brown, Jackson, Amy Coney Barrett, Trump's lawyeer, Jonathan Mitchell, Mitchell Organizations: WASHINGTON, Republican, U.S, Capitol, Democrat, Colorado Supreme Locations: Colorado, Washington, Virginia

If the Supreme Court ultimately rules against Trump it would almost certainly end his campaign for another term. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, potentially within a matter of weeks. If Trump is removed from the ballot in Colorado, Roberts predicted that states would eventually attempt to knock other candidates out of future elections. Trump and his allies raised the case during their written arguments to the Supreme Court. “It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase.

Persons: Donald Trump, John Roberts, –, Trump, Bush, Gore, George W, Brett Kavanaugh, Trump’s eligibly, Roberts, “ It’ll, ” Roberts, “, United States …, Kavanaugh, Griffin, Salmon Chase, ” Kavanaugh, Chase, CNN Jackson, Ketanji Brown Jackson, Joe Biden, ”, ’, ” Jackson, Elena Kagan, ” Kagan, – Jackson, Sonia Sotomayor, Kagan –, Jackson, didn’t, Jonathan Mitchell, ” Mitchell, Jason Murray, Jack Smith, Murray, Sharp, Kagan, “ It’s, Shannon Stevenson, Stevenson, Carlos Samour, could’ve Organizations: CNN, Trump, Capitol, United, Confederacy, Supreme, Union, Colorado, Colorado Supreme, Democratic Locations: Colorado, United States

“What do you do with the – what would seem to me to be – the plain consequences of your position?" Chief Justice John Roberts asked attorney Jason Murray, who argued on behalf of the Colorado voters who brought the lawsuit. “The reason we’re here is because Donald Trump tried to disenfranchise 80 million voters,” he said. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. But it is not the last time the Supreme Court will be called upon to settle questions with an outsized impact on the 2024 election.

Persons: Donald Trump, Trump, John Roberts, Jason Murray, Roberts, you’re, That’s, ”, Brett Kavanaugh, Murray, Elena Kagan, Kagan, Ketanji Brown Jackson, Kavanaugh, ” Jackson Organizations: Republican, Colorado voters, Democratic, Donald Trump View, Trump, Coloradans, Citizens, GOP, Capitol, The, The Colorado Supreme Locations: Colorado, United States, Washington, The Colorado

☆ Who is Norma Anderson? The Colorado Republican leading the 14th Amendment challenge
▼ + stars: | 2024-02-08 | by ( Marshall Cohen | ) edition.cnn.com time to read: +4 min

“I didn’t realize I would go down in history as Anderson versus Trump,” she told CNN in an interview. The case she’s referring to – now Trump v. Anderson – revolves around Section 3 of the 14th Amendment, which bans insurrectionists from holding public office. “And I said absolutely.”But before embarking on the unprecedented case against Trump, Anderson made plenty of history of her own. While there, from 1997 to 1998, she was the majority leader of the lower chamber. A lifelong Republican, Anderson left the Colorado legislature in 2006, as the state’s politics started shifting.

Persons: Norma Anderson, Donald Trump, ”, –, Anderson –, Trump, Anderson, State Jena Griswold, Griswold, “, ” Anderson, Nikki Haley, Coloradans, Obama, Melina Mara, weren’t, FDR, “ I’ve Organizations: CNN, Trump, Anderson, Colorado Supreme, US, Citizens, Colorado, State, statehouse, Colorado statehouse, Historical Commission, Republican, Democratic, Former, Washington Post, Getty Locations: Colorado, Washington, Denver, Jefferson, Former Colorado

The Supreme Court is set to hear arguments on whether Trump can remain on Colorado's primary ballot. The Colorado Supreme Court, however, overturned that judge's ruling and proceeded to ban him . The Supreme Court has never directly ruled on the application of the clause. US Supreme Court building Celal Gunes/Anadolu Agency via Getty ImagesCarolyn Shapiro, founder of Chicago-Kent's Institute on the Supreme Court of the United States, said kicking the ultimate decision to Congress could be "the worst thing they could do." Whatever the outcome, experts said there's little to no political cover for the Supreme Court.

Persons: Trump, —, Donald Trump, SCOTUS, Joe Biden's, Scott Lemieux, Doron Kalir, Donald Trump Scott Eisen, Lemieux, Kalir, Carolyn Shapiro, Shapiro Organizations: Trump, Service, Republican, Colorado Supreme, University of Washington, Cleveland State University College of Law, Attorneys, Colorado, Anadolu Agency, Getty, Chicago, Kent's Institute, Trump Trump, New York Times, Supreme Locations: Colorado, United States, Maine, Oregon

☆ Colorado ballot: Trump lawyer calls Jan. 6 a shameful 'riot' in Supreme Court exchange over the definition of 'insurrection'
▼ + stars: | 2024-02-08 | by ( Natalie Musumeci | Brent D. Griffiths | ) www.businessinsider.com time to read: +3 min

Donald Trump's lawyer argued the Capitol attack was a "riot," not an "insurrection," before the US Supreme Court. Most legal experts anticipate the conservative-majority Supreme Court to side with Trump. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . What we said in our opening brief was President Trump did not engage in any act that can plausibly be characterized as an insurrection." Most legal experts on constitutional law say the US Supreme Court is likely to side with Trump.

Persons: Donald Trump's, —, Donald Trump, Ketanji Brown Jackson, Jonathan Mitchell, Mitchell, Brown, Trump Organizations: Capitol, Trump, Service, Supreme Court, Colorado Supreme, Colorado Locations: United States, Colorado

It states that no one can hold office who has previously taken an oath to support the Constitution but then engaged in an insurrection or provided help to enemies of the United States. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. And only an appointed and not an elected official can be an ‘officer of the United States,’” his legal team said. “My colleagues and I have filed a brief in the Supreme Court on that very question, and we have argued to the Supreme Court that that is the quintessential insurrection or rebellion against the Constitution of the United States. “He is the presumptive Republican nominee and the leading candidate for President of the United States.

Persons: Donald Trump –, –, Trump, Noah Bookbinder, “ We’re, ”, Bookbinder, “, ” Trump, ’ ”, ” “, ’, J, Michael Luttig, ” Luttig Organizations: Republican, Citizens, GOP, Capitol, The, The Colorado Supreme, Trump, Electoral College, U.S ., Appeals, Circuit, MSNBC, New Locations: United States, Washington, Colorado, The Colorado, United States of America, Iowa, New Hampshire

☆ What to know about Trump and the 14th Amendment’s ‘insurrectionist ban’
▼ + stars: | 2024-02-07 | by ( Marshall Cohen | ) edition.cnn.com time to read: +6 min

Here’s what you need to know for the high-stakes hearing:What does the 14th Amendment say? The 14th Amendment says Americans who take an oath to uphold the Constitution but then “engaged in insurrection” are disqualified from holding future public office. A liberal-leaning watchdog group called CREW filed the lawsuit in September in Colorado state court. The US Supreme Court is reviewing a decision from the Colorado Supreme Court, which said in a landmark 4-3 ruling in December that the “insurrectionist ban” applies to Trump. It would be unprecedented to apply the 14th Amendment “insurrectionist ban” to a presidential candidate.

Persons: Donald Trump, “, ”, United States …, Norma Anderson, State Jena Griswold, Griswold, Trump, SCOTUS, isn’t, rioter, hasn’t Organizations: CNN, Trump, Capitol, United, Republican, Colorado, State, GOP, Supreme, Democrat, US, Colorado Supreme Locations: United States, Colorado, trailblazing GOP, Denver, Maine, Minnesota, Michigan , Illinois , Massachusetts, Oregon, New Mexico

WASHINGTON (AP) — The fate of former President Donald Trump’s attempt to return to the White House is in the hands of the U.S. Supreme Court. That part of her decision was reversed by the Colorado Supreme Court. All seven of the justices on Colorado’s Supreme Court were appointed by Democrats. The majority quoted a ruling from Neil Gorsuch, one of Trump’s conservative Supreme Court nominees, from when he was a federal judge in Colorado. A number of them are on hold because state courts are waiting to see what the U.S. Supreme Court will do.

Persons: Donald Trump’s, “, Trump, Justice Salmon Chase, Neil Gorsuch, Colorado’s, Kamala Harris, George Floyd’s Organizations: WASHINGTON, U.S, Supreme, Colorado Supreme, Republican, Trump, TRUMP, ”, Colorado Supreme Court, “, U.S . Capitol, Citizens, Colorado’s, Democratic, Biden Locations: Colorado, United States, Washington, Guyana, Maine, Illinois, Minnesota, Oregon, California, New York, U.S, Mexico, Minneapolis

☆ Donald Trump makes final effort to convince Supreme Court he didn't engage in an insurrection ahead of oral arguments in Colorado ballot case
▼ + stars: | 2024-02-06 | by ( Erin Snodgrass | ) www.businessinsider.com time to read: +4 min

Donald Trump filed a final brief to the Supreme Court ahead of arguments in his Colorado ballot case. Attorneys for Trump this week made a last push to convince the top court to keep him on the ballot. The Supreme Court is set to hear arguments in the case beginning on Thursday after agreeing to take up Trump's appeal. Advertisement"There was no 'insurrection,' President Trump did not 'incite' anything, and President Trump did not 'engage in' anything that constitutes 'insurrection,'" lawyers for the former president argued Monday. The Colorado Supreme Court, however, overturned that judge's ruling and proceeded to ban him from the ballot.

Persons: Donald Trump, Trump's, —, Trump Organizations: Attorneys, Trump, Service, GOP, Capitol, Colorado Supreme, Colorado voters, The, The Colorado Supreme, Republican, New York Times, State Locations: Colorado, Venezuela, United States, The Colorado, Iowa, New Hampshire, Maine

☆ How using the 14th Amendment against Trump went from a ‘pipe-dream fantasy’ to the Supreme Court
▼ + stars: | 2024-02-06 | by ( Marshall Cohen | ) edition.cnn.com time to read: +19 min

‘A sheer coincidence’The journey to the Supreme Court unknowingly began even before the insurrection itself. (In the Cawthorn case, the group partnered with a retired GOP state Supreme Court justice.) CREW appealed to the Colorado Supreme Court, whose members were all appointed by Democratic governors, though they originate from a pool of candidates recommended by a bipartisan panel. Trump appealed the Colorado ruling to the US Supreme Court in early January and oral arguments are set for Thursday. “It’s embarrassing, and it shows the imbalance on our state Supreme Court,” Buck told CNN.

Persons: Donald Trump, “, –, Marjorie Taylor Greene, Madison Cawthorn, coalescing, ”, Donald Sherman, Gerard Magliocca, ” Magliocca, United States …, Trump, Donald Trump’s, Jack Dempsey, Mitch McConnell, ” He’d, hadn’t, James Bopp, Greene, didn’t, Ron Fein, resoundingly, Bopp, ” Fein, Couy Griffin, ” Sherman, Griffin, ” Griffin, Trump’s, William Baude, Michael Stokes Paulsen, J, Michael Luttig, ‘, Sherman, Winston Pingeon, Pingeon, Sarah Wallace, ” Donald Sherman, State Jena Griswold, FDR, Norma Anderson, “ I’ve, Wallace, Magliocca, disqualifying Trump, Carlos Samour, vindicating, Ken Buck, Ken Buck of Colorado, denialism, Buck, ” Buck, …, ” CNN’s Scott Bronstein Organizations: Washington CNN, Trump, Liberal, Rep, Madison, Citizens, Indiana University, United, Capitol, AP Police, National Guard, Republican, Republicans, GOP, Amnesty, ”, Cowboys, Trump Republicans, Federalist Society, Colorado Supreme, US Capitol Police, Responsibility, Ethics, Abaca Press, Colorado, State, Colorado Legislature, Court, Democratic, Dissenting, US Supreme, Supreme, CNN Locations: Colorado’s, Colorado, Thursday’s, America, Washington, United States, DC, Colorado and Maine, Marjorie Taylor Greene of Georgia, North Carolina, Cawthorn, Georgia, New Mexico, Denver, “ Colorado, Israel, Michigan, Minnesota, Washington ,, Dissenting Colorado, Oregon, Illinois, Ken Buck of

☆ Analysis: How Trump’s legal battles impact his 2024 presidential campaign
▼ + stars: | 2024-02-05 | by ( Stephen Collinson | ) edition.cnn.com time to read: +12 min

CNN —Critical days are ahead in Donald Trump’s multiple legal battles. — On Thursday, the Supreme Court will hear oral arguments over a decision by the Colorado Supreme Court to throw Trump off the ballot under the 14th Amendment’s ban on insurrectionists. Maine has taken a similar step to Colorado but that case hasn’t yet reached the US Supreme Court. Nikki Haley, is now arguing that Trump’s legal entanglements make him a disastrous pick for her party by seizing on the news that he spent more than $50 million from political action committees on legal fees. So, definitely a good day for President Trump, but not necessarily out of the woods,” Goodman said.

Persons: Donald Trump’s, Trump, Trump’s, ’, Jack, — Trump, Judge Arthur Engoron, Jean Carroll, Stormy Daniels, Attorney Alvin Bragg, he’s, —, Fani Willis, Nathan Wade, Willis, Wade, Smith, Nikki Haley, Haley, CNN’s Dana, “, ” Haley, that’s, disqualifying Trump, Tanya Chutkan’s, Chutkan, Ryan Goodman, CNN’s Erin Burnett, ” Goodman, Carroll, “ you’re, we’ve, Joe Biden, ” Organizations: CNN, Republican, Colorado Supreme, Trump, Trump Organization, Manhattan, Attorney, Department of Justice, GOP, South Carolina Gov, Appeals, District of Columbia Circuit, Supreme, Department of Defense, DC Circuit Locations: America, Maine, Colorado, Washington ,, New York, Georgia, Fulton County, Lago, “ State, Manchester , New Hampshire, Wilmington , Delaware

The case is the court’s most direct involvement in a presidential election since Bush v. Gore, a decision delivered a quarter-century ago that effectively delivered the 2000 election to Republican George W. Bush. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out. In 2000, in Bush v. Gore, the court and the parties were divided over whether the justices should intervene at all. Justice Clarence Thomas is the only sitting member of the court who was on the bench for Bush v. Gore. Kavanaugh and Barrett were elevated to the Supreme Court by Trump, who also appointed Justice Neil Gorsuch.

Persons: “, Bush, Gore, Republican George W, Trump, Democrat Joe Biden, Shenna Bellows, ”, Donald Sherman, Donald Trump, ” Sherman, Clarence Thomas, John Roberts, Brett Kavanaugh, Amy Coney Barrett, Roberts, Kavanaugh, Barrett, Neil Gorsuch, Thomas, Ginni Thomas, Mark Meadows, Jack Smith Organizations: Republican, Democrat, U.S . Capitol, Colorado, Trump, Democratic, Colorado Supreme Court, Associated Press, Washington, Bush, Capitol Locations: Colorado, Colorado , Maine, Maine, Bush, Washington

And there’s a good chance that all three legal dramas see major movement next week. New York Attorney General Letitia James is seeking a staggering $370 million penalty from Trump. Trump is already siphoning a portion of his political donations to pay legal fees associated with the 91 criminal charges filed against him in four indictments. In 2023 alone, The New York Times reported , Trump spent roughly $50 million in donor money on legal bills and investigation-related expenses. The Best Cartoons on Donald Trump View All 280 ImagesIn December, the Colorado Supreme Court found Trump ineligible to hold office under the 14th Amendment of the Constitution.

Persons: Donald Trump, Judge Arthur Engoron, Trump, Engoron, Letitia James, E, Jean Caroll ., United States ”, “, –, ” Trump, Mitch McConnell, impeaching Trump Organizations: New York, Trump, Republican, New York Times, Donald Trump View, Colorado Supreme, United, Amicus, New, U.S ., Appeals, Circuit, Capitol, Justice Department, Republicans Locations: Washington, Colorado, United States, New York

☆ How lawyers in the Trump ballot case are training for the Supreme Court arguments
▼ + stars: | 2024-02-02 | by ( Joan Biskupic | Cnn Senior Supreme Court Analyst | ) edition.cnn.com time to read: +10 min

Mitchell joined the case on behalf of Trump around the time arguments were underway at the Colorado Supreme Court. Georgetown’s Supreme Court Institute, for instance, relies heavily on attorneys who have served in the US solicitor general’s office, the government’s top lawyers before the Supreme Court. (The Institute, which operates on a non-partisan basis and offers its sessions for free, declined to comment on the Trump case arrangement.) Particularly valuable for any moot court, along with former members of the solicitor general’s office, are former Supreme Court law clerks. In that November 2021 controversy, the Supreme Court allowed Mitchell 10 minutes as an an intervenor on the Texas side.

Persons: Jason Murray, Donald Trump, Jonathan Mitchell, who’ve, Murray, Mitchell, It’s, ”, David Frederick, ” Frederick, Trump, John Roberts, Roberts, Amy Coney Barrett, Brett Kavanaugh, Elena Kagan, Samuel Alito, Anderson, Jack Dempsey, disqualifying, Bartlit Beck, Olson Grimsley, Kagan, Neil Gorsuch, Eric Olson, Sean Grimsely, Antonin Scalia, Roe, Wade . Kagan, Dobbs Organizations: CNN, Liberal, Trump, SPAN Murray, Colorado, Georgetown Law, Institute, Lawyers, Colorado Supreme, Organizers, Supreme, Harvard, Appeals, University of Chicago, Jackson, Health Organization Locations: Trump, Washington, Denver, Colorado, Texas

☆ Colorado’s secretary of state urges Supreme Court to keep Trump off ballot
▼ + stars: | 2024-01-31 | by ( Marshall Cohen | ) edition.cnn.com time to read: +3 min

Her office did not take a position on Trump’s eligibility during the Denver-based trial last year or while the Colorado Supreme Court reviewed the case. His lawyers, and some of the dissenting justices from the divided Colorado Supreme Court, contend there were fatal flaws in the procedure and that his due-process rights were trampled. The case began when a group of Republican and independent Colorado voters sued Griswold in state court, to force her to take Trump off the ballot. Also on Wednesday, a group of police officers who responded to the attack on January 6, 2021, urged the Supreme Court to keep Trump off the ballot. So did a group of retired state Supreme Court justices, including from some states that previously dismissed similar challenges.

Persons: CNN —, Donald Trump, State Jena Griswold, Trump, Griswold, ” “, ” Griswold, Trump “ Organizations: CNN, State, Trump, Supreme, Colorado Supreme Court, Colorado Supreme, Republican, Colorado Locations: Colorado, Denver

☆ Opinion | If It Walks Like an Insurrection and Talks Like an Insurrection …
▼ + stars: | 2024-01-30 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

While we await oral argument in Trump v. Anderson — the Supreme Court case that will evaluate the Colorado Supreme Court’s decision to exclude the former president from the state’s Republican primary ballot — it’s worth revisiting the arguments leveled against the Colorado court’s decision and, by extension, its interpretation of Section 3 of the 14th Amendment to the U.S. Constitution. The first and most important one is that the plot to overturn the results of the 2020 presidential election, culminating in the Jan. 6 attack on the United States Capitol, was not an insurrection. Related to this is the argument that, even if Jan. 6 was an insurrection, it’s still not clear that Donald Trump was an insurrectionist. If that isn’t persuasive, consider the evidence marshaled by the legal scholars Akhil Reed Amar and Vikram David Amar in a more recent amicus brief. They argue that top of mind for the drafters of the 14th Amendment were the actions of John B. Floyd, the secretary of war during the secession crisis of November 1860 to March 1861.

Persons: Anderson —, it’s, Donald Trump, Jonathan Chait, Trump, ” I’ve, Akhil Reed Amar, Vikram David Amar, John B, Floyd, Abraham Lincoln, “, Virginia slaveholder, ” Amar, Amar, Ulysses S, Grant, James Buchanan Organizations: Colorado Supreme, Republican, Colorado, U.S, U.S . Constitution, United States Capitol, Capitol, Colorado Supreme Court Locations: Trump, Colorado, U.S ., New York, Northern, Sumter, South Carolina

☆ Retired conservative federal judge urges Supreme Court to disqualify Trump from office
▼ + stars: | 2024-01-29 | by ( Devan Cole | ) edition.cnn.com time to read: +3 min

CNN —A former conservative federal appellate judge is urging the Supreme Court to keep Donald Trump off the ballot, arguing the ex-president’s effort to cling to power after his 2020 election loss was “broader” than South Carolina’s secession from the US that triggered the Civil War. Trump tried to prevent the newly-elected President Biden from governing anywhere in the United States. “Trump incited, and therefore engaged in, an armed insurrection against the Constitution’s express and foundational mandates that require the peaceful transfer of executive power to a newly-elected President,” the brief said. The US Supreme Court agreed earlier this month to review the unprecedented decision from the Colorado Supreme Court that removed him from that state’s ballot. In a 4-3 ruling issued last month, the state court said Trump is constitutionally ineligible to run in 2024 because the 14th Amendment’s ban on insurrectionists holding office covers his conduct on January 6, 2021.

Persons: CNN —, Donald Trump, Mr, Trump, Biden, Lincoln, ” J, Michael Luttig, “ Trump, ”, “, ” Luttig, Mike Pence, George Conway, appointer, Jamie Gangel, Ariane, Vogue Organizations: CNN, US Supreme, Colorado Supreme, Congress Locations: South, United States, Carolina, State, Colorado, Washington, ”

The U.S. Supreme Court is set to hear arguments next month in an historic Colorado Supreme Court ruling to remove Trump from that state’s ballot. But he said the election board can't engage in the “significant and sophisticated constitutional analysis” required to remove Trump’s name before the March 19 primary. Still, Erickson noted that even if the board disagrees with his reasoning, Trump's name should be removed from the Illinois primary ballot. The election board is split evenly between four Democrats and four Republicans. Free Speech for People, which is leading the Illinois ballot effort, praised the recommendation from the Republican retired judge as “significant” but argued that Illinois law allows the board to make the ballot decision.

Persons: Donald Trump, Trump, Clark Erickson, “, ”, Erickson, ” Ron Fein Organizations: CHICAGO, U.S . Capitol, Illinois State, Trump, Republican, The U.S, Supreme, Colorado Supreme Locations: Illinois, Kankakee County, The, Colorado

The court will hear arguments in less than two weeks in a historic case that has the potential to disrupt the 2024 presidential election. They called for a decision that makes clear that what happened on Jan. 6 was an insurrection, for which Trump bears responsibility. The president is covered by the constitutional provision at issue, and Congress doesn’t need to take action before states can apply it, the lawyers wrote. Still, both sides have said the court needs to act quickly so that voters know whether Trump is eligible to hold the presidency. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

Persons: Donald Trump, “, Trump, ”, Joe Biden, Jan, “ Trump, Daniel Hodges, Nikki Haley, Trump's, Shenna Bellows Organizations: WASHINGTON, U.S, Capitol, Republican, United States Capitol, Trump, U.S . Capitol Police, Colorado Supreme, New, U.N, GOP, Democratic, Colorado Supreme Court Locations: Colorado, U.S, Iowa, New Hampshire, Maine

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