ACLJ Appeals Colorado Ruling Banning President Trump From the Ballot to the U.S. Supreme Court on Behalf of the Colorado Republican Party


Jay Sekulow and Jordan Sekulow

December 27, 2023

3 min read

Election Law



We’ve been saying from the day we took this case that this was one that would end up at the U.S. Supreme Court. Today, we just filed a petition for certiorari to the U.S. Supreme Court to overturn the Colorado Supreme Court’s dangerously flawed twisting of the 14th Amendment to ban President Trump from the ballot.

This is so much more than one primary in one state – this is the greatest election interference case in U.S. history and represents a grave attack on millions of Americans’ fundamental right to vote.

We represent the Colorado Republican Party and are urging the Supreme Court to swiftly grant and resolve this case as we are just weeks from the first ballots being cast in the 2024 presidential election.

In our filing today, we make three main arguments:

  1. “The President is not an officer of the United States covered within the disqualification provision of Section Three of the Fourteenth Amendment.”
  2. “Section Three of the Fourteenth Amendment is not a self-executing authority for state courts and litigants to use as a sword against presidential candidates.”
  3. “The Colorado Supreme Court’s decision violates the Colorado Republican Party’s First Amendment associational right to choose its own political candidates.”

We also urge the U.S. Supreme Court to grant expedited review due to the urgent nature of this case: “The drastic effects of the Colorado Supreme Court’s decision on the 2024 primary election necessitate this Court’s immediate review, during this current term. The prompt hearing of this case is necessary to prevent the Colorado Supreme Court’s decision from having an irreparable effect on the electoral process.”

In addition, by filing our appeal today, it automatically stays the Colorado Supreme Court’s ruling, pursuant to its own decision, until the U.S. Supreme Court takes action on this case, keeping President Trump on the ballot. However, there is an avalanche of similar cases being filed around the country, so the Supreme Court’s definitive and prompt review in this matter is essential.

The Constitution, our system of democratic elections in our constitutional republic, the right of a party to designate its candidates of choice for its members, due process – and, ultimately, the voters’ right to choose who they vote for are all under assault.

This is the most important case we have ever taken on. Because if we lose our right to vote, we lose our constitutional republic.

We expect this case to move very quickly, and we will keep you updated on its progress.

12.28.2023 UPDATE: We have just filed a motion to expedite our appeal at the Supreme Court, urging the court to quickly hear and decide the case to prevent electoral chaos.