Supreme Court hears historic Trump 14th Amendment case: Key moments

The outcome could have major ramifications for the 2024 election.

ByAlexandra Hutzler and Quinn Owen
Last Updated: February 8, 2024, 11:49 AM EST

The U.S. Supreme Court on Thursday heard a historic case challenging Donald Trump's ability to hold office again over his role in the Capitol attack on Jan. 6, 2021.

Trump asked the justices to overturn an unprecedented Colorado Supreme Court decision deeming him ineligible to appear on the state's GOP primary ballot because, it said, he "engaged in insurrection." Trump has long denied any wrongdoing.

The legal battle centers on a previously obscure provision of the Constitution's 14th Amendment -- Section 3 -- ratified shortly after the Civil War.

Latest headlines:

Here's how the news developed. All times Eastern.
Feb 08, 2024, 11:49 AM EST

Justice Alito: 'Would we have to have our own trial?'

Justice Samuel Alito pressed Murray on what the U.S. Supreme Court should do if different states adjudicate Trump's conduct differently based on different sets of evidence or standards of proof.

"Would we have to decide what is appropriate standard of proof?" Alito asked. "Would we give any deference to these findings by state court judges, some of whom may be elected? Would we have to have our own trial?"

"No, your honor, this court takes the evidentiary record as it's given," Murray said. "And here we have an evidentiary record that all the parties agree is sufficient for a decision in this case."

Feb 08, 2024, 11:37 AM EST

Chief Justice Roberts says Colorado case could mean disqualification efforts against Dems

"It would seem to me to be plain if Colorado position is upheld, surely there will be disqualification proceedings on the other side and some of those succeed," Chief Justice John Roberts said.

"The fact that there are potential frivolous applications of a constitutional provision isn't a reason to ...," Murray began to respond before Roberts cut him off.

"You might think they're frivolous, I think people who are bringing them may not think they're frivolous," Roberts said. "Insurrection is a broad, broad term and there's some debate about it."

"There's a reason Section 3 has been dormant for 150 and it's because we haven't seen anything like Jan. 6 since Reconstruction," Murray countered.

In this April 23, 2021 file photo, Chief Justice John Roberts sits during a group photo at the Supreme Court in Washington.
Erin Schaff/AP, FILE
Feb 08, 2024, 11:27 AM EST

Attorney for Trump challengers says US Supreme Court must 'settle this issue for the nation'

Justice Elena Kagan asked Murray, the attorney for the Colorado voters, why a single state should be able to decide who gets to be president of the United States.

"That seems quite extraordinary doesn't it?" she asked.

"No, because ultimately it's this court that's going to decide that question of federal constitutional eligibility and settle issue for the nation," Murray replied.

Feb 08, 2024, 11:14 AM EST

Attorney for Colorado voters begins argument: 'Trump disqualified himself'

Jason Murray, arguing the case for the Colorado voters seeking to bar Trump from the state's GOP primary ballot, opened by noting the unprecedented nature of the case.

"We are here because for the first time since the War of 1812 our nation came under violent assault," he said. "For the first time in history, a sitting president of the United States tried to disrupt the peaceful transfer of presidential power by engaging in insurrection against the Constitution."

"President Trump disqualified himself," Murray said.