Colorado Gets High Court Argument Time in Trump Ballot Appeal

The US Supreme Court agreed to allow Colorado to argue in former President Donald Trump’s bid to appear on the state Republican primary ballot.

The court’s order Friday means the state at the Feb. 8 argument will join a group of Colorado voters who say Trump’s actions on Jan. 6 make him ineligible under the US Constitution’s “insurrection clause.”

Section 3 of the 14th Amendment bars certain public officials who have engaged in an “insurrection or rebellion” from holding future office.

The voters opposed Colorado’s motion for argument time, saying they “have taken the lead at all phases of this case, with the Secretary of State playing a minor role.”

But Colorado Secretary of State Jena Griswold said the state’s input was necessary “to address the unique state-law and state-level election-administration issues presented in this matter.”

The court didn’t take away any of the voters’ 30 minutes of argument time, but instead added 10 minutes for the state to weigh in. The court also granted additional time to Trump’s attorneys, who will now have 40 minutes.

The court has not yet identified which attorneys will be taking the lectern during its special session.

Colorado Solicitor General Shannon Stevenson will argue on behalf of Griswold, according to a spokesperson.

Former Texas Attorney General Jonathan F. Mitchell is listed as counsel of record for Trump. Mitchell was behind Texas’ controversial abortion law, SB 8, and has argued five cases at the high court.

Trial attorney Jason Murray, of Olson Grimsley, said he will make his Supreme Court debut on behalf of the Colorado voters.

The court denied a separate request from law professor Seth Barrett Tillman to argue on the side of Trump. It rarely grants argument time to private individuals who are not parties to the litigation.

—With assistance from Lydia Wheeler.