Donald Trump Doesn't Need Supreme Court to Stay on Ballot

Former President Donald Trump may stay on Colorado's 2024 presidential primary ballot even if the U.S. Supreme Court does not rule in his favor in his appeal against the state's decision to remove him.

The Colorado Supreme Court ruled last month that Trump's alleged role in the January 6, 2021, riot at the U.S. Capitol—when a group of his supporters violently protested the 2020 election results in an alleged effort to block President Joe Biden's Electoral College victory—constituted a violation of Section 3 of the 14th Amendment, and that he should therefore not appear on the state's Republican primary ballot.

The 14th Amendment states that nobody who "having previously taken an oath" to defend the constitution went on to engage in "insurrection or rebellion" is able to hold "any office, civil or military, under the United States."

Trump on Wednesday requested that the U.S. Supreme Court overturn the Colorado decision, arguing that his removal would "unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide."

However, the Supreme Court does not have to side with Trump in this case for him to remain on the ballot.

The Colorado Supreme Court, in its ruling, wrote that Trump would remain on the ballot if an appeal is filed and the U.S. Supreme Court does not take action. Therefore, the court could do nothing in this case and Trump would stay on the ballot.

"Therefore, to maintain the status quo pending any review by the U.S. Supreme Court, we stay our ruling until January 4, 2024 [the day before the Secretary's deadline to certify the content of the presidential primary ballot]," the ruling reads.

"If review is sought in the Supreme Court before the stay expires on January 4, 2024, then the stay 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."

Newsweek reached out to the Trump campaign via email for comment.

"The Colo. Supreme Court's decision won't alter the primary ballot unless the SCOTUS denies cert on or before Friday. It is much more likely the Court takes up the appeal that Trump filed, but they could punt given his name will be on the ballot if SCOTUS doesn't act this week," Georgia State University College of Law professor Anthony Michael Kreis wrote to X, formerly Twitter.

Conservative attorney Jonathan Turley said "the question is whether the Court will run out the clock since the default for the state is to keep Trump on the ballot."

Trump has faced lawsuits in myriad states challenging his eligibility to appear on their ballot ahead of the Republican primary, of which he remains the front-runner, according to recent polls.

Maine Secretary of State Shenna Bellows removed Trump from the ballot based on the 14th Amendment, and Trump has appealed that decision. Another challenge from GOP presidential candidate John Anthony Castro, who has filed several ballot challenges, could see Trump removed from the ballot in several Western states pending a ruling from the 9th Circuit Court of Appeals.