By Lawrence Hurley—
NBC News
The Supreme Court this Thursday considers a momentous case about whether former President Donald Trump can be excluded from the Republican primary ballot in Colorado for his actions in trying to overturn the results of the 2020 election.
Oral arguments before the nine justices will begin shortly after 10:00 a.m. and could last several hours.
The case could have broad implications if Trump loses, because other states could follow his lead, throwing up obstacles to his bid to regain the presidency this fall.
State officials in conservative-controlled governments have also warned that they could try to remove President Joe Biden from the ballot in response.
Trump speaks to voters during a visit to the Horizon Event Center, headquarters of the caucuses this Monday, January 15, 2024 in Clive, Iowa. Kevin Dietsch / Getty Images
The Supreme Court, which has a 6-3 conservative majority, will address several novel and consequential legal questions relating to Section 3 of the 14th Amendment to the Constitution, enacted after the Civil War.
Under that provision, intended to prevent former Confederates from returning to power in the Government, anyone who had previously served as an “officer of the United States” and then “participated in an insurrection” would be disqualified from holding federal office.
The Colorado Supreme Court ruled in December that Trump could be booted from the Republican primary ballot, but put its decision on hold while he appealed.
The former president, who has often attended recent court hearings in the various civil and criminal cases in which he is involved, is not expected to be present in the courtroom this Thursday.
The legal challenge was filed on behalf of six Colorado residents, four of whom are Republicans, by the left-wing government watchdog group Citizens for Responsibility and Ethics in Washington and two law firms.
They all allege in court documents that Trump “intentionally organized and incited a violent mob to attack the United States Capitol in a desperate attempt to prevent the counting of electoral votes cast against him.”
Trump's lawyers have offered several reasons for dismissing the lawsuit.
They argue that the former president is not a United States official, that he did not participate in an insurrection and that only Congress can enforce Section 3.
The judges will hear from lawyers representing the former president, the Colorado plaintiffs and Colorado Secretary of State Jena Griswold, the state's top elections official.
The conservative majority includes three justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — appointed by Trump.
Another conservative, Justice Clarence Thomas, has faced scrutiny over his involvement in the case because of the role of his wife, conservative political activist Virginia “Ginni” Thomas, in supporting Trump's impeachment of the election results.
Some Democrats had called on Thomas to recuse himself.
Despite the conservative majority, the court has regularly handed down defeats to Trump since he left office.
Interest in the Colorado case increased when Maine's top elections official concluded that Trump was also ineligible to appear on the Republican primary ballot in that state.
As in the case of Colorado, it was also put on hold,
meaning that the former president remains on the ballot for now in both states.
The Supreme Court is considering the Colorado case on an accelerated schedule, and is expected to issue a ruling in the coming weeks.
Colorado is one of more than twelve states holding their primary elections on March 5.