The United States Supreme Court’s decision in a case that will determine whether former President Trump can be kicked off Colorado’s state primary ballot for allegedly interfering in the 2020 election could arrive as early as Monday. 

The Colorado Supreme Court ruled in December that Trump is disqualified from being president again and ineligible for the state’s primary – which is Tuesday. Trump, who has since been barred from primary ballots in Illinois and Maine, has challenged the Colorado court’s decision.   

Supreme Court

A woman under a purple umbrella walks past the Supreme Court, Wednesday, Feb. 28, 2024, in Washington.  (AP Photo/Jacquelyn Martin)

The state’s highest court was the first to invoke Section 3 of the 14th Amendment, a post-Civil War constitutional provision aimed at preventing those who “engaged in insurrection” from holding office. Until now, the Supreme Court has never ruled on the provision.

The potential resolution of the case on Monday, a day before Super Tuesday contests in 16 states, would remove uncertainty about whether votes for Trump, the leading Republican candidate for president, will ultimately count. Both sides had requested fast work by the court, which heard arguments on Feb. 8.

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Except for when the end of the term nears in late June, the court almost always issues decisions on days when the justices are scheduled to take the bench. But the next scheduled court day isn’t until March 15. The justices won’t be there on Monday. Any opinions will be posted on the court’s website beginning just after 10 a.m. EST Monday.

Trump victory speech

Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party at the State Fairgrounds on February 24, 2024 in Columbia, South Carolina. (Win McNamee/Getty Images)

The anticipated decision comes after the justices agreed last week to hear arguments in late April over whether Trump can be criminally prosecuted on election interference charges, including his role in the Jan. 6, 2021, attack on the U.S. Capitol. The court’s decision to step into the politically-charged case calls into question whether Trump will stand trial before the November election.  

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The former president faces more than 90 criminal charges in four prosecutions. Of those, the only one with a trial date that seems poised to hold is his state case in New York, where he’s charged with falsifying business records in connection with hush money payments to a porn actor. That case is set for trial on March 25, and the judge has signaled his determination to press ahead.

The Associated Press contributed to this report.

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