The Supreme Court is set to deliberate on the appeal of former President Donald Trump to remain on the 2024 ballot, marking the justices’ most significant election case since Bush v. Gore in 2000.

At the heart of the case are arguments concerning whether Trump should be disqualified from seeking the White House again due to his actions following the 2020 election, culminating in the January 6, 2021, assault on the U.S. Capitol.

This case represents the first instance where the justices will be interpreting a constitutional provision implemented post-Civil War to bar former officeholders who have "engaged in insurrection" from holding office again. It presents precisely the type of case the court typically prefers to avoid – one where it serves as the final arbiter of a political dispute. The Colorado Supreme Court ruled that Trump's actions incited the riot in Washington, D.C., rendering him ineligible for the presidency. Consequently, they ruled that he should not feature on the state’s primary ballot on March 5, marking the initial application of Section 3 of the 14th Amendment to a presidential candidate.

Trump’s legal team argues against using the amendment to exclude him from the ballot for various reasons. They contest that the events of January 6 didn’t amount to insurrection and even if they did, Trump wasn’t directly involved. Furthermore, they claim that the wording of the amendment excludes presidential candidates. Alternatively, they assert that Congress must enact legislation to enforce Section 3.

On the opposing side, lawyers representing Republican and independent voters who initiated the lawsuit to remove Trump from the Colorado ballot argue that substantial evidence indicates Trump incited the insurrection. They maintain it would be illogical to apply Section 3 to everything but the presidency or consider Trump exempt. Additionally, they contend that no enabling legislation is required for the provision.

A ruling favoring Trump would largely quash efforts in states like Colorado and Maine to bar his name from the ballot. Conversely, upholding the Colorado decision would signify the Supreme Court's affirmation that Trump engaged in insurrection, thereby disqualifying him from holding office again. This outcome would empower states to keep him off the ballot, potentially jeopardizing his campaign.

The justices could pursue a less definitive resolution, recognizing that the issue may resurface, possibly after the November general election and amid a constitutional crisis.

Separately, Trump is appealing to a state court regarding a ruling by Maine’s Democratic secretary of state, Shenna Bellows, which declared him ineligible for appearing on the state’s ballot due to his involvement in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are pending resolution of the appeals.

The court has indicated a commitment to swift action, significantly shortening the timeframe for written briefing and courtroom arguments.