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Lawyers challenging Donald Trump’s eligibility for the presidency have urged the Supreme Court to uphold a Colorado court decision disqualifying him from the state’s 2024 Republican primary ballot. They argue Trump should be deemed ineligible due to his alleged role in the January 6, 2021, Capitol attack. The case, set for a hearing on February 8, could significantly impact the 2024 election.

The legal team contends that Trump orchestrated the violent Capitol breach to overturn his election defeat, violating the 14th Amendment’s provision against individuals engaged in insurrection holding public office. This amendment, established post-Civil War in 1868, is being examined for its applicability to Trump.

Their filing extensively details Trump’s actions leading to the January 6 events, emphasizing his alleged incitement of the crowd. The lawyers argue that Trump’s conduct falls under insurrection, making him subject to the constitutional prohibition.

Trump’s defense counters these claims, insisting that barring him from the ballot would disenfranchise millions of voters and create chaos. They argue that the 14th Amendment does not cover the presidency, and Congress must enact specific legislation before states can enforce this provision for disqualification.

This dispute comes as Trump has already secured victories in early Republican presidential contests and faces former U.N. Ambassador Nikki Haley as his primary opponent. The Supreme Court’s decision, expected before Super Tuesday on March 5, will clarify Trump’s eligibility and potentially reshape the 2024 presidential race landscape.

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