The former president's legal team argued that the question of whether or not a candidate is eligible is "reserved for Congress, not the state courts" to decide.
"It is a 'fundamental principle of our representative democracy,' embodied in the Constitution, that 'the people should choose whom they please to govern them'," the filing reads, pointing out that, "if allowed to stand, [the ruling] will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate."
Trump's lawyers explained that "even if the Colorado Supreme Court could consider challenges to President Trump’s eligibility, which it cannot, it misapplied the law."
"First, the President is not 'an officer of the United States'," they wrote. "He took a different oath than the one set forth in section 3, and the presidency is not an 'office under the United States.' Thus, President Trump falls outside the scope of section 3. Second, the Colorado Supreme Court erred in how it described President Trump's role in the events of January 6, 2021. It was not 'insurrection' and President Trump in no way 'engaged' in 'insurrection.' Third, the proceedings in the Colorado Supreme Court were premature and violated the Electors Clause. Finally, there are many other grounds for reversal, as many scholars have pointed [out], including the three grounds for reversal presented in the petition for certiorari filed last week by the Colorado Republican State Central Committee."
They called on the Supreme Court to "return the right to vote for their candidate of choice to the voters."Colorado officials have paused the ban in order to give the Supreme Court time to hear the appeals, and Trump's name will appear on the ballot lest the justices rule otherwise.
This is a breaking story and will be updated.
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