“‘Test case’ for America: Colorado’s top court poised to weigh Trump’s eligibility to run again”


So far, no court has declared Trump ineligible, and few of the cases have advanced beyond initial stages. In Minnesota, the state supreme court dismissed a challenge seeking to bar Trump from that state’s Republican primary ballot, but said the challengers could bring a new case concerning the general election after the primary. In Michigan, a state judge dismissed a challenge there, and an appeals court is expected to issue a ruling after Dec. 8.

The Colorado case, however, is on the fastest track, and the challengers there may have one of their most favorable venues: All seven justices of the Colorado Supreme Court are Democratic appointees.

During Wednesday’s argument, those justices will face two weighty questions: whether Trump provoked and participated in the Jan. 6, 2021, insurrection at the U.S. Capitol and, if so, whether that act requires his removal from the ballot….

Now, the Colorado justices have a chance to lend the imprimatur of a state supreme court to the debate. And if they rule against Trump, they will trigger a rush to the U.S. Supreme Court, which would be called upon to resolve Trump’s eligibility nationwide.

“I think once that happens, the court will seriously consider getting involved,” said Richard Hasen, an expert in election law who teaches at UCLA Law School.

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