[NY Post] A clear majority of the Supreme Court’s nine justices signaled Thursday that they would overturn a Colorado ruling barring former President Donald Trump from the state’s Republican presidential primary ballot.The former president, 77, and his lawyers were appealing the Dec. 19 decision by Colorado’s Supreme Court that found Trump ineligible for the March 5 Republican contest by virtue of violating the Constitution’s so-called "Insurrection Clause" during the Jan. 6, 2021, Capitol riot.
Trump’s team argued separately that Congress — not the states — was tasked with enforcing the clause, that the provision did not apply to the office of president, and denied that the 45th president engaged in an insurrection by seeking to remain in office after his 2020 election defeat by Joe Biden.
During oral arguments, Chief Justice John Roberts fretted about the possibility that upholding the Colorado ruling would open the door to red and blue states removing politicians of opposing parties from the ballot on a whim.
"It’ll come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence," Roberts said.
"Your Honor, the fact that there are potential frivolous applications of a constitutional provision isn’t a reason," argued attorney Jason Murray, representing a group of Colorado voters who sought to remove Trump from the ballot.
"The question you have to confront," liberal Justice Elena Kagan told Murray at another point in his argument, "is why one state should decide who gets to be president of the United States."
Conservative Justice Samuel Alito asked Murray about a hypothetical in which an administration for "diplomatic reasons think that it’s in the best interests of the "US to send funds to a foreign nation who described Washington as "its biggest enemy" — a clear reference to the Obama-Biden policy toward Iran.
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