The Supreme Court will decide whether former President Donald Trump can be kept off the 2024 presidential ballot because of activity related to the U.S. Capitol riot.
The justices Friday agreed to take Trump’s appeal of a Colorado case, with arguments to be held on Feb. 8.
The compressed timeframe could allow the court to produce a decision before Super Tuesday on March 5, when the largest number of delegates are up for grabs in a single day, including in Colorado.
Voters will soon begin casting presidential primary ballots across the country.
The court will be considering for the first time the meaning and reach of a provision of the 14th Amendment barring some people who “engaged in insurrection” from holding public office. The amendment was adopted in 1868, following the Civil War. It has been so rarely used that the nation’s highest court had no previous occasion to interpret it.
Colorado’s Supreme Court, by a 4-3 vote, ruled last month that Trump should not be on the Republican primary ballot. The decision was the first time the 14th Amendment was used to bar a presidential contender from the ballot.
The high court’s decision to intervene, which both sides called for, is the most direct involvement in a presidential election since Bush v. Gore in 2000 when a conservative majority effectively decided the election for Republican George W. Bush. Only Justice Clarence Thomas remains from that court.