The court’s announcement comes days after state Judge Sarah B. Wallace dismissed a legal challenge brought by a group of Colorado voters that argued Trump’s efforts to overturn the 2020 election results and his conduct surrounding the Jan. 6, 2021, Capitol riot violated Section 3 of the 14th Amendment to the Constitution, making him ineligible for office.
In her ruling Friday, Wallace found that Trump “engaged in insurrection” but the Constitution’s ban on insurrectionists holding office did not apply to Trump because the clause in question explicitly lists all federal elected positions except the president.
The group Citizens for Responsibility and Ethics in Washington filed the appeal on behalf of petitioners, asking the Supreme Court to review Wallace’s ruling.
Trump also appealed Wallace’s finding that he engaged in insurrection.
Attorneys for both sides did not immediately respond to requests for comment Tuesday night.
Oral arguments before the Supreme Court are scheduled for Dec. 6 in Denver, a month before Colorado Secretary of State Jena Griswold must certify ballots for the state’s March 5 primary.
Last week’s ruling in Colorado came on the heels of courts in Minnesota and Michigan rejecting similar legal efforts to disqualify Trump from running for president in those states. Petitioners in Michigan have filed an appeal with the state’s Supreme Court.