However, they did not consider the vexing question of whether Trump had engaged in insurrection by attempting to overthrow the results of the 2020 election, which culminated in the deadly attack on the US Capitol on January 6, 2021.
Colorado Secretary of State Jena Griswold said she was disappointed with the court's decision to strip states of the authority to enforce Section 3, writing on social media: “Colorado must be able to prevent insurrections that violate the oaths to our ballot.”
But the ruling seemed inevitable after oral arguments last month, with Trump's lawyers saying Colorado's attempt to remove him from the ballot could disenfranchise millions of Americans who wanted the former president as a nominee in November's general election.
Trump lawyer John Mitchell also insisted that the former president's actions surrounding the public riot on January 6, 2021, did not amount to anything that “could reasonably be described as insurrection.”
“For insurrection, it takes an organized and concerted effort to overthrow the United States government through violence,” he said. “None of these criteria were met. This was a riot. This was not an uprising. The events were shameful, criminal, violent – all of these things – but they did not qualify as an insurrection as used in Article 3.”
Throughout last month's hearing, justices on both sides of the ideological aisle expressed concerns about Colorado's position and the precedent it could set.
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Chief Justice John Roberts noted at the time that “if Colorado's position were upheld, there would almost certainly be recusal actions on the other side.”
Democratic-appointed Justice Elena Kagan also expressed concerns, telling The Colorado Lawyer: “I think the question you have to confront is why should one state decide who becomes president of the United States.”
Colorado's decision comes after the Supreme Court agreed to hear another case related to Trump's claim that he has immunity from prosecution for trying to subvert the 2020 election.
The justices announced last week that they would hear arguments on Trump's immunity claim in April, likely pushing the start of any trial to at least September. The move almost certainly helped Trump's campaign, as the former president has made it clear that delaying his court cases is part of his strategy to fight them.
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