Supreme Court Sounds Solidly Arrayed Against Disqualifying Trump

February 8, 2024
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February 8, 2024

The Supreme Court heard oral arguments Thursday on the Colorado Supreme Court’s ruling disqualifying Donald Trump from the ballot under the insurrection clause. The justices, including at least a couple of the liberals, seemed inclined to overturn that decision.

If they come down that way, they’ll likely coalesce behind the argument that states can’t disqualify federal candidates, based on how much time they spent on that topic over the two-plus hours. They’ll have to do some contortions, though, to get around the plain reading of the text.

Catch up below:

Here's how the Supreme Court lined up the question for itself: Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?

And, if you need reference during what is sure to be a marathon session of oral arguments, we've laid out the main documents you need to understand the case, including Trump's main briefs, CREW's, and the lower court rulings which found that Trump could be disqualified for engaging in insurrection.

Supreme Court filings:

Trump cert petition

Trump opening brief

CREW (Colorado voters) brief

Colorado Secretary of State brief

Trump reply brief

Lower court documents:

Colorado Supreme Court decision

Colorado district court decision

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The Supreme Court heard oral arguments Thursday on the Colorado Supreme Court’s ruling disqualifying Donald Trump from the ballot under the insurrection clause. The justices, including at least a couple of the liberals, seemed inclined to overturn that decision.

If they come down that way, they’ll likely coalesce behind the argument that states can’t disqualify federal candidates, based on how much time they spent on that topic over the two-plus hours. They’ll have to do some contortions, though, to get around the plain reading of the text.

Catch up below:

Notable Replies

  1. i’m doing a shot if Kavanaugh says ‘beer’

  2. Alas, the sun will not rise over my yardarm, so I’m stuck with coffee. But loud cheers and jeers are ready!

  3. Why do I have the feeling Leonard Leo had several of his interns prepare the opinion for the corrupted court to issue that overturns the Colorado decision?

  4. You would get pretty drunk if this was a gun case and bear is acceptable.

  5. Avatar for dave48 dave48 says:

    It will be interesting to see how the conservative justices find a way to carve out an exceedingly narrow criteria for why Donald Trump, and only Donald Trump, can not be excluded from any state ballot.

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