The Colorado Republican State Central Committee (CRSCC) filed a petition for a writ of certiorari Wednesday to overturn the Colorado Supreme Court’s decision which eliminated former president Donald Trump from the 2024 Republican main poll. The Colorado Supreme Courtroom discovered Trump engaged in an riot on January 6, 2021.
Represented by the American Heart for Regulation and Justice (ACLJ), the CRSCC’s petition to take the case to the Supreme Courtroom focuses on part three of the Fourteenth Amendment and the First Amendment’s proper of affiliation.
The petition begins with an examination of particular language in part three of the Fourteenth Modification. That provision prevents any individual from holding workplace within the US in the event that they beforehand took an oath and “shall have engaged in riot or rebel towards [the US Constitution.]” The petitioners argue that the presidency is just not an workplace coated underneath part three. Slightly, they declare that the workplaces solely embody a “congressman, state legislator, or state officer.” This argument cites assist in Article II, Section 4 of the Structure, which directs the president to “Fee all of the Officers of america.” As a result of this provision states that the president can fee all US officers, the petitioners motive that the president is just not included on this class as a result of it could be contradictory.
The second argument the petitioners make underneath part three of the Fourteenth Modification is that the Colorado Supreme Courtroom overstepped its authority as a result of solely Congress has the facility to implement this part. They additional declare that Trump must be convicted underneath 18 USC § 2383 (which criminalizes riot) for part three to use.
Lastly, the petition claims the Colorado Supreme Courtroom’s determination violates voters’ First Modification proper of affiliation as a result of it prevents a voter from selecting their most well-liked political candidate.
In a press announcement by ACLJ attorneys Jay and Jordan Sekulow, the group said, “The Structure, our system of democratic elections in our constitutional republic, the appropriate of a celebration to designate its candidates of alternative for its members, due course of – and, finally, the voters’ proper to decide on who they vote for are all underneath assault.”
Former Colorado Republican state senator and lead plaintiff Norma Anderson reacted after the Colorado Supreme Courtroom’s ruling, stating, “I used to be stunned and delighted. I’m very proud of the ruling. I felt they learn the Structure. I sat and watched January 6 all day lengthy, and I cried.”
Additionally on Wednesday, the Michigan Supreme Courtroom ruled that it could not block Trump from showing on its 2024 main poll. Final week, a West Virginia district courtroom additionally dismissed a lawsuit searching for to ban Trump from the following main poll.