Early signs show the Supreme Court of the United States could overturn the Colorado Supreme Court Ruling that kicked former President Donald Trump off the state’s 2024 election ballot.

Lawyers for the former president and attorney Jason Murray, the lawyer representing Colorado voters before the Supreme Court, began arguing the case before the court on Thursday. Murray, who presented oral arguments before the justices on Thursday, faltered after Justice Clarence Thomas on the state’s decision to kick Trump off the ballot.

Murray argued that states have the authority to disqualify national candidates. However, he failed to provide any example when Thomas asked him. Murray also argued that states have the power to run elections, prompting Clarence to point out a conflict.

“But it would seem that — particularly after Reconstruction and after the Compromise of 1877 and during the period of Redeemers — that you would have that kind of conflict. There were a plethora of Confederates still around. There were any number of people who would continue to either run for state offices or national offices,” Thomas said, adding that this reality would “suggest that there would at least be a few examples of national candidates being disqualified.”

“Well, there were certainly national candidates who are disqualified by Congress refusing to seat them,” Murray responded. But Thomas pointed out that it is “not this case.”

“Other than the example I gave, no,” Murray admitted.

“What was the purpose of Section Three? States were sending people — the concern was that the former Confederate states would continue being bad actors,” Thomas said. “And the effort was to prevent them from doing this, and you’re saying that, well, this also authorized states to disqualify candidates. So what I’m asking you for, if you are right, what are the examples?”

“Your Honor, the examples are states excluded many candidates for state office, individuals holding state offices. We have a number of published cases of states,” Murray responded before Thomas interjected.

“I understand the states controlling state elections and state positions. What we are talking about here are national candidates,” Thomas said, noting that there were people who “felt very strongly about retaliating against the South, the Radical Republicans, but they did not think about authorizing the South to disqualify national candidates, and that’s the argument you’re making.”