> Supreme Court to hear Trump’s Colorado ballot case: What to know
Supreme Court to hear Trump’s Colorado ballot case: What to know
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The U.S. Supreme Court heard more than two hours of arguments Thursday morning over whether former President Donald Trump can be excluded from Colorado's presidential primary ballot.
The Colorado Supreme Court ruled in December that Trump incited a riot in Washington, D.C., on Jan. 6, 2021, in violation of the 14th Amendment.
That constitutional provision was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again. As a result, Trump should not be on the ballot for the state’s primary on March 5, the state court ruled. It was the first time that Section 3 of the 14th Amendment was applied to a presidential candidate.
A key portion of the argument of Johnathan Mitchell, who represents Trump in these proceedings, is that Trump, as president, was not an "officer of the United States."
"Officer of the United States refers only to appointed officials, and it does not encompass elected officials such as the president or members of Congress," Mitchell said. "The president doesn't commission himself, and he can't commission himself."
Mitchell argued that Congress alone should have the ability to determine a candidate's amnesty or disqualification through a two-thirds majority vote because they can overrule if a candidate is disqualified by Section 3.