On Thursday, February 9th, the US Supreme Court justices heard oral arguments regarding whether former President Donald Trump should be removed from Colorado’s primary ballot under the 14th Amendment for his alleged role in inciting the January 6, 2021 storming of the capitol. During these proceedings, Trump’s attorney John Mitchell, argued in front of the court. The case centers around whether Colorado has the right to strike Trump from the ballot due to his actions.
The Supreme Court justices appeared skeptical of removing Trump from the ballot, with some commentators suggesting that there could be five or more votes against Colorado’s position. The case has drawn significant attention and legal analysis, as it touches on constitutional and electoral matter.
After listening to the arguments, John W. Heiderscheidt said, “It seems virtually certain the Supreme Court will not allow Colorado to remove Trump from the ballot on the basis of an ‘insurrection’ claim. They may, however, leave the door open for Congress to enact legislation under section 5 of the Fourteenth Amendment after the election is over. Although they did not address insurrection much during oral argument, eventually, the U.S. Supreme Court will likely have to address what qualifies as insurrection or rebellion.”
