The justices hear arguments next month on whether Trump can be barred from office for his efforts to overturn the 2020 election results that culminated in the Jan. 6 Capitol attack.
Colorado voters who say former President Donald Trump should be barred from holding federal office because of his role in the events leading up to the Jan. 6 attack on the Capitol urged the Supreme Court on Friday to kick him off their state’s Republican primary ballot.
Trump “intentionally organized and incited a violent mob to attack the United States Capitol in a desperate attempt to prevent the counting of electoral votes cast against him,” lawyers for the voters said in a new brief.
“By spearheading this attack, Trump engaged in insurrection against the Constitution,” the lawyers wrote.
The case addresses whether Section 3 of the 14th Amendment, which bars those who have “engaged in insurrection” from holding federal office, applies to Trump.
The court is hearing oral arguments on Feb. 8.
Note that in Minnesota the State Supreme Court specifically stated their ruling applies only to the primary.
Depending on SCOTUS it is entirely possible Trump could be removed from the general election ballot via another lawsuit filed after SCOTUS rules.