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Supreme Court Decision on Trump Ballot Challenge Imminent

By 

Jordan Sekulow

|
December 7, 2023

4 min read

Election Law

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With an imminent decision on the Trump ballot ban forthcoming, the Colorado Supreme Court sounds unconvinced of the radical Left’s arguments to remove President Donald Trump from the state’s primary ballot by invoking the 14th Amendment.

The Hill reports on some of the concerns expressed by the state justices:

The justices on Wednesday wrestled with the many disputed interpretations of the clause’s text, raising alarm during the two-hour deep dive about accepting the plaintiffs’ arguments.

“I guess I’m expressing a concern about the definition of insurrection that the district court adopted. It strikes me as somewhat or potentially overbroad,” said Justice Richard Gabriel. . . .

The Amendment prohibits someone from holding “any office … under the United States” if they engaged in insurrection after taking an oath as “an officer of the United States” to “support” the Constitution.

But while the clause specifies a series of federal positions that qualify as an “office … under the United States,” it doesn’t explicitly mention the presidency.

“Why not spell it out, why not include president and vice president, the way they spelled out senator or representative,” Justice Carlos Samour probed an attorney for the plaintiffs.

The justices are raising the right questions. As we’ve explained, Section 3 of the 14th Amendment was enacted following the Civil War to keep Confederate soldiers from running for federal office to incite an insurrection. Yet President Trump has never even been formally charged with insurrection, let alone found guilty.

The justices are raising the same questions that judges in other states have raised in throwing out the lawsuits trying to ban Trump from state primary ballots.

The ACLJ has filed numerous lawsuits in several states against the radical Left’s attempt to deny you the right to vote for the candidate of your choice. We’ve been victorious in numerous states thus far. A Colorado judge ruled in our favor last month, and the opposing side appealed the case to the Colorado Supreme Court.

But based on what the justices are saying, they appear to be leaning toward ruling in the ACLJ’s favor. In other words, they will likely rule that Donald Trump cannot be banned from the state’s primary ballot. Of course, anything can happen, so we eagerly await the ruling.

The ruling is imminent because state’s primary ballots need to be printed by early January before the primary season begins. Because of that, I fully expect this Colorado case will eventually end up at the U.S. Supreme Court – possibly as early as the end of December. And the ACLJ’s legal teams will be ready to preserve election integrity.

Senator Marsha Blackburn (TN) joined our broadcast to respond to the shocking report that a United Nations Relief and Works Agency (UNRWA) employee detained an Israeli hostage:

What we do know about this agency is that they have begun hiring people that are affiliated with Hamas. Thus, President Trump stopped funding them. Joe Biden goes back, and over the last three years, he has given this agency about $1 billion U.S. taxpayer dollars. . . . We know that these U.N. schools, these UNRWA schools, have graduated about 100 people who are terrorists and that Hamas has used these schools to support their weaponry, to store their weaponry and their ammo. . . . It is unseemly that U.S. taxpayer dollars would be used to fund an agency [which] has someone who is holding [a] hostage from the October 7 attack and massacre.

This report is unbelievable, and the Senator is right. America should stop funding the U.N. if it won’t sever ties with employees who work with a terrorist organization. I hope Senator Blackburn’s legislation to defund this U.N. agency passes.

We were also delighted to have SNL alum Jim Breuer, one of the stars in Jingle Smells, the Christmas comedy from the ACLJ and Sean Hannity, join our show. He talked about how random people are telling him how much they love the movie and how he’s proud to be a part of it.

Word of mouth is allowing Jingle Smells to reach audiences everywhere. Order it today at jinglesmells.movie.

Today’s broadcast featured several supporters who called into the show to explain why they support the ACLJ. We are so thankful for our viewers and donors – we can’t fight for you without your generous support.

We are in the middle of our Faith & Freedom Year-End Drive to fund our legal efforts. Give today, and every dollar you give will be doubled.

Today’s Sekulow provided our analysis of the radical Left’s attempt to interfere in the 2024 election. This could be the most important case in U.S. history, and the ACLJ is fully prepared to battle for election integrity at the Supreme Court.

Watch the full broadcast below:

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