Former President Donald Trump's attorneys have filed an appeal to the US Supreme Court, seeking to overturn a ruling by the Colorado Supreme Court that would prevent him from appearing on the state's 2024 Republican primary ballot. The Colorado Supreme Court had ruled 4-3 on December 19, 2021, that Trump was ineligible to be certified for the primary contest due to his participation in the “insurrection” that occurred on January 6, 2021.

Led by attorneys Scott Gessler and Harmeet Dhillon, the 34-page motion argued that the Colorado ruling was incorrect and went against the principles of a government "of the people, by the people, [and] for the people." They contended that the question of eligibility to serve as President of the United States should be decided by Congress, not state courts. The filing further stated that the Colorado Supreme Court had overstepped its authority by considering Trump's eligibility and barring him from the ballot.

The Colorado Supreme Court's decision was based on Trump's attempts to overturn the 2020 election results, which ultimately led to the Capitol riot on January 6, 2021. The court cited Section 3 of the 14th Amendment, which prohibits individuals who have violated their oath of office and "engaged in insurrection" from holding office again. This marked the first time in American history that a candidate had been removed from a primary based on the so-called Insurrection Clause. However, the ruling was stayed pending the appeal to the US Supreme Court.

Trump's attorneys presented three grounds for overturning the decision. Firstly, they argued that the presidency was not covered by Section 3 of the 14th Amendment. Secondly, they contended that the Colorado Supreme Court had inaccurately described Trump as having “engaged” in the violence that occurred on January 6th. Finally, they claimed that the court's intervention in the matter violated the Constitution, as it added an extra-constitutional requirement for running for office.

The Trump legal team asserted that requiring Trump to prove his eligibility before appearing on the ballot would establish an unconstitutional requirement for running for office. They are now awaiting the US Supreme Court's decision on whether to hear the case and ultimately determine Trump's eligibility for the Colorado Republican primary ballot in 2024.