Supreme Court could toss Trump eligibility dispute to Congress

Supreme Court oral arguments Thursday could shed light on what’s at stake for Congress in a case about a Colorado decision to bar Donald Trump from appearing on the state primary ballot based on the 14th Amendment.

The justices last month agreed to take up the issue but did little to clarify which of the numerous legal arguments might ultimately shape their opinion in an historic election dispute.

Several possible decisions could leave Congress with an opening to weigh in on Trump’s eligibility, legal experts say, including the possibility of a partisan showdown as Congress counts electoral ballots in January 2025.

While the justices aren’t expected to rule Thursday, their discussion will give the public insights into their thinking.

The focal point in the litigation is Section 3 of the 14th Amendment, which aims to prevent people who previously took an oath to support the Constitution from holding office if they have “engaged in insurrection.”