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lawrence? lawrence: the second hour of fox & friends starts right now and, remember, mornings are better with friends. steve: all right a fox news alert, t three hours, 10:00 easn time the supreme court will hear oral arguments on colorado s decision to kick former president donald trump off the state s primary ballot. brian: the high court in unchartered territory legal territory as justices wrestle with an historic election dispute. ainsley: lucas tomlinson joins us with the latest. good morning, steve, ainsley, and brian. the supreme court has never heard a case like this before in its history. oral arguments begin in less than three hours, as steve said, in protest of the former leading g.o.p. candidate. fencing has been erected outside the nation s top court near the u.s. capitol as you can see here. colorado kicked trump off the ballot citing the constitution insurrection clause section 3 of the 14th amendment to be specific, which has never been used in
argument inside. good morning, welcome to our coverage. i m bill hemmer. dana: i m dana perino. the court is set to decide whether colorado can disqualify trump under section three of the 14th amendment as the insurrection clause. it is something the court has never considered until now. bill: the colorado supreme court all seven judges appointed by a democratic governor ruled 4-three against the former president despite the fact that no court has ever convicted him insurrection. dana: one of the mbiggest cases for trump this year. he will not be on hand for today s argument. bill: all that happening before tonight s republican caucuses in the state of nevada where trump is not banned from the ballot there. he is heavily favored to take home all 26 delegates this evening. dana: team fox coverage. alicia acuna and andy mccarthy, jonathan turley. let s begin with shannon bream to set us up outside the supreme court. a cold day in washington. there were people who st
so mcveig they refused. the super bowl is three days away and hall of famer emmitt smith is here to preview the game. the third hour of fox and friends starts right now and mornings are better with friends. in 2 hours the supreme court will hear arguments on colorado s decision to remove former president donald trump from the states ballot. the high court in legal territory as justices russell with a historic election dispute. i can hear someone is screaming behind you. exactly. already started opinions on both sides but today s oral arguments are significant and donald trump s attorneys say it s simple. taking him off the ballot strips them of his right as a presidential candidate to enjoy being on the ballot we re going to hear arguments a section about the 14th amendment. bars us from holding federal office in the future who engage in insurrection. it was an active civil war. the question is if it applies to a president trump in his conduct voters in colora
reinforce or dismantle the colorado supreme court s order excluding the former president from the ballot in that state. effectively punishing trump for a crime which he has neither been criminally charged for convicted. dana: as soon as it begins we ll listen to it live. until then our fox team coverage continues. we have andy mccarthy, jonathan turley, and kerri and joining us is karl rove and andrew. one of the things i wanted to start with you on, andrew, set the stage about how unprecedented this is and what this moment could actually mean. i think it s very interesting to think about today through the lens of donald trump. the justices are thinking about what this ruling does for decades or even hundreds of years to come. this is a precedent we ve never had before. what happens when states challenge candidates for presidential office? this is not just a donald trump issue. this is every single election that will come from here on out. i don t think that the justices