News networks prepared for a morning of audio-only legal arguments, as attorneys for the state of Colorado and Donald Trump campaign’s appear before the Supreme Court as the justices weigh whether the former president is eligible to appear on the state’s ballot.
The Colorado Supreme Court ruled in December that Trump was disqualified under a clause of the 14th Amendment. That prohibits those who taken an oath to uphold the Constitution from holding office if they have “engaged in insurrection or rebellion.” A majority of the state’s judge’s concluded that Trump did on January 6, 2021, when he appeared before a rally and encouraged his supporters to march to the Capitol where lawmakers were certifying the Electoral Vote count.
Trump is not expected to attend the oral arguments, but Fox News promoted that he would provide his reaction at 11:30 a.m. ET, after the proceedings end.
The secretary of State of Maine also concluded that Trump was ineligible for that state’s ballot. Trump is appealing that decision.
C-SPAN is also providing audio coverage of the oral arguments.
One of the prominent voices arguing that Trump is ineligible, retired federal judge J. Michael Luttig, appeared on CNN and told Jake Tapper that originalist and textualist interpretations of the Constitution have made it “pristine clear” that the former president is disqualified.
Trump’s legal team has argued that the former president did not take part in an insurrection, and that, as the commander in chief, he was not an “officer” of the United States, as is specified in the 14th Amendment clause.
Other state courts have come to different rulings, allowing for Trump to remain on the ballot.
Earlier this week, the D.C. Circuit Court of Appeals ruled that Trump does not have immunity from prosecution on federal criminal charges that he conspired to remain in power after the 2020 election. Trump’s team has until Monday to file an appeal with the Supreme Court to stay the decision pending a petition for the justices to review the case.