6 Jan 2024

Supreme Court to rule if Trump can run for president

12:19 pm on 6 January 2024
Former US President and 2024 presidential hopeful Donald Trump applauds at the end of a campaign event in Waterloo, Iowa, on December 19, 2023. An appeals court in Colorado on December 19, 2023 ruled Donald Trump cannot appear on the state's presidential primary ballot because of his involvement in the attack on the Capitol in January 2021. (Photo by KAMIL KRZACZYNSKI / AFP)

Donald Trump applauds at the end of a campaign event in Waterloo, Iowa on 19 December 2023. Photo: AFP/ Kamil Krzaczynski

The US Supreme Court has said it will hear a historic case to determine if Donald Trump can run for president.

The justices agreed to take up Trump's appeal against a decision by Colorado to remove him from the 2024 ballot in that state.

The case will be heard in February and the ruling will apply nationwide.

Lawsuits in a number of states are seeking to disqualify Trump, arguing that he engaged in insurrection during the US Capitol riot three years ago.

The legal challenges hinge on whether a Civil War-era constitutional amendment renders Trump ineligible to stand as a candidate.

The 14th Amendment of the US Constitution bans anyone who has "engaged in insurrection or rebellion" from holding federal office, but the former president's lawyers argue it does not apply to the president.

His lawyers have argued: "The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide."

The split 4-3 decision by Colorado's high court last month marks the first time in US history that the 14th Amendment has been used to disqualify a presidential candidate from the ballot.

Trump is the current Republican front-runner for a likely rematch against President Joe Biden, a Democrat, in this November's election.

Trump has also appealed against a decision by electoral officials in Maine to remove him from the ballot.

Courts in Minnesota and Michigan have dismissed attempts to disqualify Trump. Other cases, including in Oregon, are pending.

While Trump's alleged efforts to subvert the outcome of the 2020 presidential election are the focus of trials in federal court and a state court in Georgia, he has not been criminally charged with inciting insurrection in either case.

- This story was first published by the BBC

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