Donald Trump appealed to the US Supreme Court on Wednesday to undo the Colorado ruling that removed him from the ballot in the western state under the 14th amendment to the US Constitution, for inciting an insurrection, APA reports citing The Guardian.
“In our system of ‘government of the people, by the people, [and] for the people,’ Colorado’s ruling is not and cannot be correct,” Trump’s lawyers wrote in their Wednesday filing. They also said the Colorado supreme court’s ruling “if allowed to stand, will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate”.
They went on to lay out several reasons why the Supreme Court should restore him to the ballot. Only Congress, not the courts, has the authority to evaluate a dispute over the eligibility of a presidential candidate, they wrote. As president, his lawyers argued, Trump was not an “officer” of the United States – relevant language in the constitution bars anyone from serving if they have “engaged in insurrection” as an officer of the United States.
They also argued that Trump’s conduct in January did not amount to an insurrection and argued that the Colorado Supreme Court’s decision ran afoul of a provision of the constitution that empowers state legislatures to decide how to appoint presidential electors.