As we reported earlier, the Colorado GOP has now filed an appeal to the United States Supreme Court (SCOTUS) of the Colorado Supreme Court decision that booted former President Donald Trump off the ballot under the 14th Amendment, claiming he'd committed insurrection.
The Colorado Supreme Court said in its opinion it was putting a stay on the decision, which would remain in place if there was an appeal to SCOTUS.
But we stay our ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires, it shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.
The Trump team has also said that it plans to appeal.
So, while the left was celebrating the decision, the final decision is going to be up to the Supreme Court, and Trump was going to remain on the primary ballot, because the appeal was a foregone conclusion.
Some are reporting this as putting Trump "back" on the ballot, but technically he was never off it, given the stay.
Now that there is an appeal, the Colorado Secretary of State issued a statement that Trump would remain on the ballot, much to the chagrin of people on the left.
Colorado Secretary of State Jena Griswold announced that Trump will for the time being remain on the ballot, which goes to print on January 5 – unless the Supreme Court affirms the lower court's ruling or otherwise declines to take on the appeal.
Griswold was required to comply with the Colorado Supreme Court decision; that's why she issued the statement that she did.
But the Democrat was not at all happy with having to do so, as her post on X made clear. It sounds like she is having a meltdown that her hands are now effectively tied.
Donald Trump engaged in insurrection and was disqualified under the Constitution from the Colorado Ballot. The Colorado Supreme Court got it right. This decision is now being appealed. I urge the U.S. Supreme Court to act quickly given the upcoming presidential primary election.
Talk about throwing a small fit there. Sounds like someone doesn't like the fact that she has to act in accordance with the stay. But it's the Colorado Supreme Court that also ordered the stay, so I guess by her logic, that's right, too. Trump was not convicted of insurrection, because he was never charged with it. Plus, in order to be charged with it, you have to have an insurrection. A riot and an insurrection are not the same thing. Nor was Trump accorded proper due process by Colorado in its decision, as one of its own justices noted in his dissent.
Dissent in CO Case on Trump Lays Out Roadmap for SCOTUS to Overturn Decision
So now, the SCOTUS can decide not to take it up or take the appeal. It seems likely they will take it up, given varying decisions on the matter in different courts and the interpretation of the 14th Amendment needing to be settled. But everything stays in place until then.