The Colorado Supreme Court on Wednesday heard two hours of arguments about whether the 14th Amendment’s prohibition on insurrectionists holding office applies to Donald Trump, as he seeks to return to the presidency next year.

The justices considered a wide range of issues, from the ability of state courts to hear constitutional challenges for a president’s qualifications to the question of whether the Jan. 6, 2021 attack on the U.S. Capitol was an “insurrection” that Trump engaged in. 

Here are some of the questions they asked both sides:

“Why isn’t it enough that a violent mob breached the Capitol when Congress was performing a core constitutional function? In some ways, that seems like a poster child for insurrection.” -Justice William W. Hood III

“Can you come up with a rational basis for excluding the office of the presidency, or someone who swore an oath as president, from disqualification?” – Justice Monica M. Márquez

“If it was so important that the president be included, I come back to the question: Why not spell it out?” – Justice Carlos A. Samour Jr.

“If we have to rely on (Congress) as the enforcement mechanism, and the 14th Amendment is not self-executing, the due process clause and the equal protection clause are not self-executing. So, Congress can nullify both of those by doing nothing and taking no action. That’s concerning. The 13th Amendment has the same language. I don’t think anyone can say Congress needs to act to enforce the abolition of slavery.” – Justice Richard L. Gabriel

“Could the secretary of state at the very beginning of this, before the lawsuit was filed, say President Trump doesn’t meet the qualifications under the federal constitution? … Why does the court then have more authority than the secretary to make that declaration?” – Chief Justice Brian D. Boatright

“If what (the petitioners are) saying is correct, President Trump will be on the ballot in most states but not here in Colorado. So, effectively the Republican or unaffiliated voter who wants to participate in the Republican primary won’t really be able to because the person who’s on most ballots and appears to be leading in the primary is not an option.” – Justice Melissa Hart

“Could the Democratic Party put President Obama up on the primary ballot?” – Justice Maria E. Berkenkotter