Jena Griswold will make her case before the Supreme Court that state voters should not be permitted to disqualify Donald Trump from their ballots, for which she requested 15 minutes but received 10 as per Friday’s order.
She will face lawyers representing both Donald Trump and those opposed to his ballot position in Colorado.
Why Trump Should Be Blocked From Ballot
An unique aspect of election law allows individual states to play an influential role in regulating candidates running for federal office, including president. Donald Trump has faced several legal challenges that challenge his eligibility on 14th Amendment grounds; one from Colorado voters contends his involvement in the Jan. 6, 2021 Capitol Riot constitute insurrection and render him ineligible for presidential candidacy.
The Supreme Court granted the state secretary of state 10 minutes, voters’ lawyer 30 and Trump 40 minutes each to present oral arguments before its justices – though typically this process lasts 80 minutes or longer.
Experts view this case as of national importance that should be decided swiftly by the Supreme Court justices. According to them, Colorado’s decision should be reversed and other questions about Section 3 and its insurrection clause–whether or not it applies to presidents–must also be addressed immediately.
The Insurrection Clause
The Supreme Court’s decision to grant Colorado Secretary of State Jena Griswold 10 minutes for oral arguments regarding her bid to block former President Trump from appearing on Colorado ballot could have significant ramifications. She filed with the court a letter on January 26 asking them to extend and divide her time allotted because she offers “an essential perspective on Colorado election laws.”
Griswold and attorneys representing six Colorado Republican and unaffiliated voters argue that the 14th Amendment’s framers meant for its authors to disqualify from public office any individual engaging in insurrection or rebellion against the government. They state it makes no logical sense that its clause, intended in part to prevent former Confederates from returning to power, should exclude low-level offices but not presidential ones – thus justifying their ruling that Trump triggered rebellion through his actions on January 6th.
The Voter’s Right to Vote
On Friday, the Supreme Court granted Colorado Secretary of State Jena Griswold’s request for more time at her February argument in the Trump ballot eligibility case. Justices allocated 40 minutes each to Trump attorneys, 30 for challenger voters and 10 minutes to Griswold herself.
Democracy functions best when all eligible citizens can vote and make their voices heard. Unfortunately, state legislatures have introduced over 400 anti-voting bills since the pandemic’s conclusion aimed at dismantling voter protections and restricting access to polling places and mail voting options.
One in 13 eligible voters cannot vote due to disenfranchisement laws that deny them the right due to having been convicted of a felony conviction. Common Cause is fighting alongside national and state partners for reform of these laws as well as increasing access to voting by expanding polling locations as well as making registration and ballot collection simpler for people.
The State’s Right to Regulate Elections
The Supreme Court has resolved its differences over who should get time to argue why former President Donald Trump should be barred from the Colorado ballot. On Thursday’s oral arguments session, justices will allow attorneys representing both Colorado Secretary of State John Suthers and a group of voters the chance to present their cases against Trump’s inclusion on ballot.
Colorado Secretary of State Jena Griswold filed for additional time in a filing on Friday. She wrote that this case has particular relevance in Colorado due to its law on ballot eligibility.
A Denver district judge determined that Trump engaged in insurrection and should not run for office under Section 3 of the 14th Amendment, which prohibits public officials who break their oath of support for the Constitution by engaging in insurrection or rebellion from holding further public offices. But an appellate court overruled this ruling and ordered Griswold to place Trump on the ballot despite challengers’ claims this violationd Constitution’s insurrection clause, something the high court had never before addressed.
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