Landmark Trump ruling gives Supreme Court an unexpected New Year's agenda
Add Axios as your preferred source to
see more of our stories on Google.

Former President Trump claps as he wraps up a campaign event in Waterloo, Iowa, on Tuesday. Photo: Scott Olson/Getty Images
A little over two decades after the landmark Bush v. Gore ruling decided one messy presidential election, the Supreme Court will have a chance to rescue former President Trump's political ambitions — or leave him out in the cold.
Why it matters: A decision from Colorado on Tuesday will likely force the court to decide — very quickly by SCOTUS standards — if states can ban Trump from the ballot using the U.S. Constitution's insurrection clause.
Driving the news: The Colorado Supreme Court, in a 4-3 ruling, removed Trump from the state's primary ballot, concluding that he "incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power."
- It stayed the ruling until Jan. 4, with the option to keep the stay in place if the Supreme Court takes up the case before then.
- The state's primary is set for Super Tuesday in early March.
Zoom in: The high court faces imminent questions on Trump's political immunity and eligibility to run for president in 2024.
- Special counsel Jack Smith asked the Supreme Court earlier this month to weigh whether Trump is "absolutely immune" from prosecution for crimes he committed in office.
- Last week, the Supreme Court agreed to review a charge — "obstruction of an official proceeding" — that has been used to prosecute over 300 Jan. 6 defendants.
- The Colorado decision marks the first time a court has found that Section 3 of the 14th Amendment — which bans insurrectionists who once swore to uphold the Constitution from holding office — applies to Trump.
Between the lines: There's already a budding campaign to pressure Justice Clarence Thomas to recuse himself from any ruling because of his wife's connections to the Trump White House before Jan. 6.
- Ginni Thomas was involved in Trump's attempt to overturn the results of the 2020 election.
State of play: Trump likely wouldn't lose much by staying off the ballot: He lost the state by a double-digit margin in 2020. No Republican has won it since 2004.
- Courts have so far rejected similar lawsuits in other states. Minnesota's top court rejected an attempt to push Trump off the ballot last month. A judge ruled against another effort in Michigan that's now being appealed.
- Trump's legal spokeswoman, Alina Habba, said: "This ruling ... attacks the very heart of this nation's democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order."
What to watch: The Supreme Court has an extremely narrow window to take up the case and issue a ruling.
- Colorado Secretary of State Jena Griswold said the court would need to decide within weeks for her office to meet a Jan. 5 deadline to certify and print ballots.
- If the Supreme Court doesn't decide in time, Trump's name could remain on the ballot.

