US presidential election 2024: Supreme Court seems sceptical of Colorado's decision to kick Trump off ballot

As the first day of the hearing at the Supreme Court of the United States (SCOTUS)on Thursday (Feb 8) ended, the judges appeared sceptical towards the decision kicking former President Donald Trump off the ballot in the US state of Colorado for his role in the 2021 Capitol attack.

The nine Supreme Court justices heard arguments related to Trump’s appeal of a December 19 ruling by Colorado’s top court which barred him from the state’s Republican primary ballot citing Section 3 of the 14th Amendment of the US Constitution due to his alleged participation in an insurrection.

WATCH |Former president Trump appeals to turn down the Colorado ruling

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The amendment in question bars “officers of the United States” who have engaged in “insurrection or rebellion” from holding office. The verdict in this case has major implications for the upcoming November 5 elections.

What happened in the court?

The justices – a six-three conservative majority including three judges appointed by Trump – expressed concerns about states having the power on their own to take sweeping actions which would affect a presidential election nationwide.

Conservative Chief Justice John Roberts told Jason Murray, who is representing the Colorado voters who brought the case, that if the Colorado court’s decision is upheld, other states would also start disqualification proceedings for their own candidates from either of the parties.

“It will come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence,” said Roberts.

Liberal Justice Elena Kagan asked Murray that the question to confront here is also if a “single state should decide who gets to be president of the United States,” adding that “whether a former president is disqualified for insurrection, to be president again...it sounds awfully national to me.”

ALSO READ |Trump barred from Colorado ballot for role in January 6 attack on US Capitol

Conservative Justice Brett Kavanaugh questioned how Section 3 of the US Constitution would impact democracy, telling Murray that his position would be “disenfranchising voters to a significant degree”.

“The reason we’re here is that President Trump tried to disenfranchise 80 million Americans who voted against him, and the Constitution doesn’t require that we be given another chance,” said Murrary bluntly.

Jonathan Mitchell, a former solicitor general of Texas representing Trump opened the oral arguments and said that only Congress can disqualify a candidate.

“The Colorado Supreme Court’s decision is wrong and should be reversed,” said Mitchell, adding that the decision would “take away the votes of potentially tens of millions of Americans.”

Meanwhile, Mitchell, after being questioned by Liberal Justice Ketanji Brown Jackson, said the amendment in question does not apply to Trump as he was the president and not an “officer of the United States,” adding that the term could only be used for an appointed official of some kind.

Notably, justices spent little time discussing the former president’s role in the January 6, 2021 insurrection when thousands of Trump supporters, in a bid to stop lawmakers from certifying Joe Biden’s win, attacked the US Capitol.

‘Very beautiful process’

Moments after the arguments concluded at the SCOTUS, the former president spoke to the press from Florida and said he was watching the hearing and thought it went well for him. “In watching the Supreme Court today, I thought it was a very beautiful process,” said Trump.

ALSO READ |Colorado Republicans seek intervention by US Supreme Court in Donald Trump's 2024 ballot disqualification

He added, “I thought the presentation today was a very good one. I think it was well received – I hope it was well-received.”

The Republican frontrunner also pointed out his dominance in the polls and said, “Can you take the person that’s leading everywhere and say, ‘Hey, we're not gonna let you run?’...but I’m leaving it up to the Supreme Court.”

A small crowd of around 20 protesters, some carrying signs reading “Trump Is A Traitor” and “Remove Trump,” were also seen outside the top court ahead of the hearing.

(With inputs from agencies)