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Trump Asks Supreme Court to Rule He Is Eligible to Hold Office

The forceful brief was the former president’s main submission in his appeal of a ruling barring him from the Colorado primary ballot on the ground that he had engaged in insurrection.

Former President Donald J. Trump in a dark suit and in front of a blue curtain. Two flags are displayed in the background.
“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans,” lawyers for former President Donald J. Trump argued.Credit...Doug Mills/The New York Times

Reporting from Washington

Former President Donald J. Trump urged the Supreme Court on Thursday to reverse a ruling barring him from the primary ballot in Colorado and to declare him eligible to seek and hold the office of the presidency.

Mr. Trump’s brief, his main submission in an extraordinary case with the potential to alter the course of the presidential election, was a forceful recitation of more than half a dozen arguments about why the Colorado Supreme Court had gone astray in ruling him an insurrectionist barred from office by the Constitution.

“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots,” the brief said.

The case will be argued on Feb. 8, and the court will probably decide it quickly, perhaps by March 5, when many states, including Colorado, hold primaries.

The case turns on Section 3 of the 14th Amendment. Adopted after the Civil War, it bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each chamber.


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