CHARLESTON — West Virginia Attorney General Patrick Morrisey again is asking the U.S. Supreme Court to rule in favor of allowing former President Donald Trump to remain on the ballot in Colorado.
Morrisey, who co-led an amicus brief asking the U.S. Supreme Court to reverse a decision from Colorado that kept Trump off the ballot for that state’s Presidential Primary Elections, issued a statement following February 8 oral arguments in the case by emphasizing again his support for letting the voters decide who they want their leaders to be.
“This is a perfect opportunity for our nation’s highest court to finally correct this erroneous and politically-driven decision by the Colorado Supreme Court, and keep President Trump on the ballot,” Morrisey said. “Let the voices of the voters be heard.
"We have already seen the overwhelming support for President Trump in the recent caucuses and primaries.”
According to several media reports, justices on the Supreme Court seemed skeptical of Colorado's attempt to bar Trump from the state's presidential primary based on questioning during Thursday's oral arguments. The justices questioned the attorney arguing for Trump's removal about the constitutionality and consequences as well as about defining "insurrection."
Trump was removed from the ballot by Colorado's top court in December using a clause of the 14th Amendment that bans anyone who has "engaged in insurrection or rebellion" from holding federal office. The Colorado Supreme Court ruled Trump's actions during the January 6, 2021, events at the U.S. Capitol amounted to insurrection.
Thursday's arguments were the first time the Supreme Court had heard a case related to a constitutional provision that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.
In their amicus brief led by Morrisey and Indiana's AG, the coalition of 25 states as well as the Arizona Legislature and legislative leadership of North Carolina argued that Congress must decide whether to disqualify a person from office ineligible under the Section 3 of Fourteenth Amendment.
“Colorado’s decision creates confusion in the upcoming primaries, and this case never should’ve been brought," the coalition maintains. "Colorado’s decision is flawed, and it’s time for the Supreme Court to set the record straight.”