Supreme Court Justice Brett Kavanaugh hinted during oral arguments on Thursday that Colorado Democrats’ decision to remove former President Donald Trump from the state’s 2024 primary ballot is anti-democratic, noting that it disenfranchises voters.
The Colorado Supreme Court ruled in December 2023 to bar Trump from the ballot over accusations that he “incited insurrection” on Jan. 6, 2021. The rationale for the decision did not appear to sit well with Kavanaugh, who pressed Colorado lawyer Jason Murray about the state’s attempt to deny Americans the right to choose their preferred candidate.
“What about the idea that we should think about democracy, think about the right of the people to elect candidates of their choice, of letting the people decide?” Kavanaugh asked.
Murray spent most of Thursday morning arguing that Colorado had a right to disqualify Trump under Section 3 of the 14th Amendment. Kavanaugh, however, told him it’s the Centennial State’s position, not the 2021 Capitol chaos, that “has the effect of disenfranchising voters to a significant degree.”
“And should that be something? Does that come in when we think about, should we read Section 3 this way, or read it that way. What about the background principle, if you agree, of democracy?” Kavanaugh continued.
“Your position has the effect of disenfranchising voters to a significant degree,” Justice Brett Kavanaugh told plaintiffs regarding their bid to keep former President Donald Trump off Colorado’s 2024 primary ballot. pic.twitter.com/Su3Kz4e6vj
— The Federalist (@FDRLST) February 8, 2024
Murray sidestepped Kavanaugh’s question and repeated
