Former President Donald Trump has appealed to the U.S. Supreme Court the landmark decision that found he is disqualified from holding the presidency under the Constitution’s “insurrection clause” due to his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol, writes CBD NEWS.

The former president urged the justices to take up the case and reverse the Dec. 19 ruling from the Colorado Supreme Court, which marked the first time a presidential candidate has been deemed ineligible for the White House under the clause, Section 3 of the 14th Amendment.

“The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide”, lawyers for the former president wrote in their request to the justices submitted Wednesday. “By considering the question of President Trump’s eligibility and barring him from the ballot, the Colorado Supreme Court arrogated Congress’ authority”.

The state supreme court, Trump’s legal team argued, did not have the authority to deny the former president access to the ballot.

Though the Colorado Supreme Court said Trump should be kept off the state’s presidential primary ballot, it paused its decision, ensuring his name will remain listed until the Supreme Court takes action. Colorado"s presidential primary is scheduled for March 5.