Former President Donald Trump may be the current favorite to win the Republican presidential nomination in 2024, but his campaign may not even make it to the GOP convention in the summer if certain advocacy groups have their way.
Trump faces several lawsuits across the nation challenging his eligibility to appear on primary ballots due to Section 3 of the 14th Amendment, the clause that bans those who "engaged in insurrection" from holding office.
MICHIGAN SUPREME COURT REJECTS ATTEMPT TO BAN TRUMP FROM 2024 BALLOT
The former president received welcome news Wednesday morning when Michigan's Supreme Court rejected an appeal of a lower court’s decision from the advocacy group Free Speech For People, which sought to block Trump from the primary ballot. A Minnesota Supreme Court ruling also rejected blocking Trump from the ballot, but a different ruling last week still places his campaign in an uncomfortable situation.
The Colorado Supreme Court blocked Trump from appearing on the state's primary ballot in a 4-3 decision, the first successful challenge from groups aiming to thwart Trump's reelection campaign.
“President Trump did not merely incite the insurrection,” Colorado's high court majority wrote in its opinion. “Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President [Mike] Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.”
However, the ruling is expected to go to the Supreme Court of the United States for a final decision, and Trump has until Jan. 4, 2024, to make his appeal, one day before the state's deadline to set the list of candidates for the GOP primary, which is scheduled for March 5.
There are dozens of cases seeking to replicate the Colorado ruling, and it could become a political headache for Trump. The high court has never before had to rule on Section 3 of the 14th Amendment, but that will likely change next year. If it declines to take up the case or upholds the Colorado Supreme Court ruling, Trump will be removed from the state's primary ballots.
"This pathetic gambit to rig the Election has failed all across the Country, including in States that have historically leaned heavily toward the Democrats," Trump fumed on Truth Social on Wednesday. "Colorado is the only State to have fallen prey to the scheme."
The former president's comments on the Michigan and Colorado rulings further bolster his claims of political grievance from Democrats. But GOP strategists and Trump allies are adamant his legal problems will boost his campaign.
"I think that what the extreme Left is doing here is political manna from heaven for Trump," said Gregg Keller, a Republican consultant based in Missouri. "The only states that are taking this on are states that are completely in the thrall of the radical judicial Left."
There are signs that California, another blue-leaning state similar to Colorado, could attempt to remove Trump from its primary ballot. Lt. Gov. Eleni Kounalakis (D-CA) called for Secretary of State Shirley Weber, a Democrat, to explore “every legal option” to kick Trump off in a letter sent last week. Another case from Free Speech For People is pending before the Oregon Supreme Court.
rump’s legal team requested Wednesday that Maine Secretary of State Shenna Bellows to disqualify herself from deciding his ballot eligibility, arguing the Democrat is biased against him.
T
Ultimately, the Supreme Court likely will need to make the final decision on whether Trump's actions on Jan. 6, 2021, violated the 14th Amendment, and a decision would apply not just in Colorado but in all states.
"You always know that a John Roberts-led court is going to make decisions that are somewhat in keeping with the law but also with an eye towards the Washington, D.C., cocktail set," Keller said of the chief justice. "So I would expect Roberts to try to find a way to split the baby on this. However, I think it's highly likely that the Supreme Court will strike down the Colorado finding."
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
If the Supreme Court does rule against Trump next month, Keller said he thinks Trump's campaign will survive the moment.
"I would argue that no, this is not a disaster for Trump," he said. "Trump was not going to win Colorado. Trump's nationwide electoral strategy is not predicated upon winning Colorado. It's predicated on winning states like Wisconsin, Arizona, and Pennsylvania."
Kaelan Deese contributed to this story.