(WASHINGTON) — Former President Donald Trump’s legal team as early as Tuesday could appeal to the U.S. Supreme Court the Colorado Supreme Court decision barring him from the GOP primary ballot under the 14th Amendment.
Trump’s team has already said it intends to appeal the decision, which said that Trump violated Section 3 of the amendment, which bars insurrectionists from holding office, over his role in inciting the Jan. 6, 2021, attack on the U.S. Capitol.
His team also plans on appealing the Maine secretary of state’s decision keeping him off that state’s primary ballot on the same grounds — to that state’s highest court.
Both rulings have been stayed to allow appeals to be considered. The Colorado Republican Party has already appealed to the U.S. Supreme Court that state’s high court decision.
It’s unclear what the U.S. Supreme Court plans to do, but taking up any appeal would likely freeze many of the legal challenges to Trump’s candidacy over the 14th Amendment taking place in over a dozen states.
Beyond Trump’s legal setbacks in Colorado and Maine, the former president has found success in places like Michigan and California, which have swatted away bids to keep him of those states’ primary ballots.
Trump has railed against the Colorado and Maine decisions, including calling the first state’s ruling a “sham” and a sign the country was turning into a “banana republic” before claiming — without evidence — that national Democrats are behind the rulings.
The decisions have sparked a wave of reactions, with even some Democrats arguing they go too far.
“I voted to impeach Donald Trump for his role in the January 6th insurrection. I do not believe he should be re-elected as President of the United States. However, we are a nation of laws, therefore until he is actually found guilty of the crime of insurrection, he should be allowed on the ballot,” said Rep. Jared Golden, D-Maine.
Even some of Trump’s GOP primary rivals have expressed frustration with the ruling, noting it could help the former president solidify support among his base.
“It makes him a martyr. You know, he’s very good at playing ‘Poor me, poor me,’ he’s always complaining,” said former New Jersey Republican Gov. Chris Christie.
“I don’t think Donald Trump needs to be president. I think I need to be president. I think that’s good for the country. But I will beat him fair and square. We don’t need to have judges making these decisions, we need voters to make these decisions,” said former South Carolina Gov. Nikki Haley, who is rising in the polls but still double digits behind Trump in the primary.
It’s very possible the rulings pose no threat to Trump’s primary chances given his double-digit leads in Iowa, New Hampshire and South Carolina, where a clean sweep of the three states could set him on a glide path to the nomination before Colorado and Maine even hold their nominating contests.
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