An appeals court ruled on Tuesday that Mr. Trump was not immune from prosecution for his role in the Jan. 6 attack on the Capitol, giving the former president until Monday to seek a stay of that ruling from the Supreme Court. And the justices have already agreed to decide on the scope of a central charge in the federal election-interference case against Mr. Trump, with a ruling by June.
Thursday’s case arose from a December ruling from the Colorado Supreme Court disqualifying Mr. Trump from the state’s Republican primary ballot based on Section 3 of the 14th Amendment. The provision was adopted after the Civil War to bar insurrectionists who had taken an oath to support the Constitution from holding office.
The provision says: “No person shall be a senator or representative in Congress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
It adds, “But Congress may by a vote of two-thirds of each House, remove such disability.”
Mr. Trump has attacked the Colorado court’s ruling on at least a half-dozen grounds, though their unifying theme is that the election should be decided by the voters.
“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots,” Mr. Trump’s brief said.