Trump asks Supreme Court to keep name on Colorado ballot

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Trump asks Supreme Court to rule on Colorado ballot ban

Former Deputy Assistant AG Tom Dupree provides legal insight and says this is an 'expected move' on 'Your World.' 

Former President Donald Trump asked the U.S. Supreme Court on Wednesday to put his name back on the Republican 2024 primary ballot in Colorado.

The appeal has been filed, but the case has not yet been officially docketed by the court. The next step would be for the high court to decide whether to expedite review, and whether to hear the case on the merits. 

The justices could vote privately in the next few days on whether to fast-track consideration.

Earlier this month, the Colorado Supreme Court, in a 4-3 vote, overturned a lower court ruling that allowed Trump to appear on the ballot as a presidential candidate. In their opinion, the justices on the state's high court wrote that Trump "incited and encouraged" the use of violence to prevent the peaceful transfer of power on Jan. 6, 2021, when many of his followers stormed the U.S. Capitol.

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Former President Trump is asking the U.S. Supreme Court to put his name back on the Colorado GOP primary ballot. (Photo by Scott Olson/Getty Images)

In Wednesday's filing, Trump's lawyers urged the high court to reverse the Colorado Supreme Court ruling and "return the right to vote for their candidate of choice to the voters."

The case is being appealed based on several arguments, including whether the president is among those officials subject to disqualification by Section 3 of the 14th Amendment, the so-called insurrection clause; and whether Section 3 is "self-executing," meaning that it allows states to remove candidates from a ballot in the absence of any congressional action. 

Trump's lawyers have said individual states don't have the authority to enforce Section 3 and would cause confusion for voters. 

On Tuesday, Trump appealed the decision to remove him from Maine's Republican primary ballot for his role in the Jan. 6, 2021, attack on the U.S. Capitol. That appeal heads to Maine's Supreme Court. 

Several states have issued challenges to Trump's eligibility to run for a second presidential term over his efforts to overturn President Biden's 2020 presidential win. 

The U.S. Supreme Court has not said whether it will take on Trump's case. 

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Former Colorado state Rep. Dave Willaims, chair of the state Republican Party, called the effort to ban Trump from the ballot a "constitutional crisis."

"The need for the United States Supreme Court to step in is paramount to protecting everyone's right to vote for the candidate that they think is best," Williams told Fox News Digital. "The more likely the Supreme Court waits to take up this case, the more likely you're going to see other states like Maine follow Colorado's lead and that's something we shouldn't tolerate."