The U.S. Supreme Court on Friday granted former President Donald Trump’s request to review the Colorado Supreme Court’s December ruling that he is ineligible to appear on the state’s primary ballot.
On January 5, just two days after the former president filed his writ of certiorari, the Supreme Court granted cert.
In a brief memo, the Court announced that oral arguments in the case are scheduled for February 8, 2024.
Former President Trump’s brief and any amicus briefs in his favor case — as well as those in support of neither party — are due to the Court by Jan. 18.
The respondents’ briefs and any amicus briefs in support of their case are due by January 31.
A reply brief from the former president, if any, must be filed by 5pm on February 5.
Trump’s request came one week after the Colorado Republican State Central Committee filed its own writ of certiorari.
With their filing, the Colorado Republicans activated a clause in the state Supreme Court’s ruling that stayed the effects of their decision, thereby allowing Trump to appear on the state’s primary ballot barring a direct order from the Supreme Court to do otherwise.
In December, the Colorado Supreme Court ruled that Trump is ineligible to appear on the state’s primary ballot in 2024, marking the first time in United States history that Section Three of the Fourteenth Amendment — added to the Constitution during the Civil War era — has been used to disqualify a presidential candidate.
Section Three of the Fourteenth Amendment states:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
[RELATED: Colorado SCOTUS Boots Trump Off 2024 Ballot]
The former president also faced similar challenges in a number of states across the country — including in Maine, where the deliberative burden fell upon Secretary of State Shenna Bellows, as opposed to the judicial system.
Following the Colorado Court’s ruling, Secretary Bellows also moved to block the former president from accessing Maine’s primary ballot.
Similar to the opinion authored by the Colorado Court, Bellows wrote her decision in such a way that the effects of her decision would be stayed until the state’s Superior Court ruled on any appeal, or the time to file for appeal expired.
The following week, Trump appealed the Secretary’s decision, arguing not only against her interpretation of the law and Constitution, but also in opposition to her authority and eligibility to weigh in on the issues presented to her.
More specifically, Trump suggested in his appeal that a Secretary of State does not have the “legal authority” to review the “constitutional issues” central to the challenges made against him.
Trump also made the case in his appeal that Bellows in particular ought to have recused herself from the proceedings on account of a bias against the former president, “as demonstrated by a documented history of prior statements prejudging the issue presented.”
On Friday, the Superior Court issued a procedural order establishing deadlines — similar to those set by the Supreme Court — for the parties and any amici to submit their briefs to the Court.
In this case, Trump’s brief, as well as any amicus briefs in his favor, were due on Monday. The briefs from the respondents and parties of interest, as well as any amicus briefs in their favor, must be submitted by Wednesday.
Any reply from the former president must be submitted to the court by Thursday.
As required by state law, the Superior Court will issue its decision on the case by Wednesday, January 17.
On Sunday, the president asked the Court to postpone its consideration of his appeal until the Supreme Court issues its ruling on the Colorado case.
As of the publication of this article, it still remains to be seen how the Maine Superior Court will rule on the former president’s request.