Several Republican officials, reacting to the Colorado Supreme Court's decision to remove Donald Trump from the state's primary ballot, have suggested a similar action against President Biden in their respective states.
The court disqualified Trump based on a 4-3 decision, asserting that his actions on January 6, 2021, constituted active participation in the Capitol insurrection.
What is absolutely wild about this opinion from the Colorado Supreme Court is that it contains no limiting principle.
Republicans should immediately file suit in Colorado to remove Biden from the ballot, citing his failure to secure the border and allowing an invasion falls…
— Jenna Ellis (@JennaEllisEsq) December 20, 2023
While some Republicans proposing this idea framed it as a thought experiment rather than a serious legal endeavor, they used it to highlight what they see as Democratic shortcomings.
Texas Lt. Gov. Dan Patrick, condemning the decision in Colorado, expressed the idea of removing Biden from the ballot in Texas, citing concerns about border policies.
Florida Gov. Ron DeSantis questioned the limiting principles of such a policy, suggesting that Biden could be excluded from the ballot due to immigration-related issues.
DeSantis, discussing the matter at a campaign event in Iowa, anticipated the possibility of the U.S. Supreme Court reversing the decision. He characterized the legal challenges as attempts to secure support in the primary, with the general election likely to be dominated by legal issues.
Former Trump attorney Jenna Ellis criticized the Colorado Supreme Court's opinion, claiming it lacked a limiting principle.
Ellis suggested that Republicans should file a lawsuit in Colorado to remove Biden from the ballot, citing border security issues as falling within the broad definition of "engaging in insurrection."
Public health policy analyst Pradeep Shanker raised concerns about the absence of a clear legal standard, suggesting that Democrats would need to accept a judge's decision on Biden's eligibility if no standard, such as a conviction or impeachment, is established.
Conservative influencer Rogan O'Handley echoed the sentiment, stating that if Colorado removes Trump from the ballot, Florida and Texas should consider doing the same to Biden.
O'Handley also emphasized immigration issues as a form of insurrection against Biden.
These Republican officials presented the idea as a response to what they perceived as a lack of legal standards and due process in the Colorado Supreme Court's decision against Trump.
The ongoing battle will likely include Trump's case heading to the Supreme Court in an appeal that could greatly impact the 2024 election.
