Colorado Supreme Court Bars Trump from State’s Presidential Ballot, Citing ‘Insurrection
In a landmark decision, Colorado’s Supreme Court has ruled against former U.S. President Donald Trump‘s eligibility to run for president in the state, invoking a constitutional insurrection clause. The 4-3 ruling declared that Trump’s involvement in the U.S. Capitol riot nearly three years ago rendered him ineligible.
The Trump campaign, deeming the decision anti-democratic, has vowed to appeal, marking the first-ever use of Section 3 of the U.S. Constitution’s 14th Amendment to disqualify a presidential candidate. Previous attempts to bar Trump from ballots in New Hampshire, Minnesota, and Michigan proved unsuccessful.
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The decision, currently on hold pending appeal until next month, exclusively impacts Colorado and pertains to the state’s primary election on March 5. Republican voters will choose their candidate for president, potentially influencing the general election in Colorado next November.
The justices emphasized the weightiness of their decision, stating, “We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
This ruling overturns a prior decision by a Colorado judge who argued that the insurrection ban of the 14th Amendment did not apply to presidents.
The lower court also determined that Trump had participated in the Capitol riot on January 6, 2021, when his supporters stormed Congress during the certification of President Joe Biden’s election victory.
Scheduled to take effect on January 4, 2024, on the eve of the state’s deadline to print presidential primary ballots, the decision drew criticism from Steven Cheung, a Trump campaign spokesperson. He called the ruling “completely flawed” and accused the justices, all appointed by Democratic governors, of partisanship.
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The Trump legal team intends to file a swift appeal to the U.S. Supreme Court, where conservatives hold a 6 to 3 majority.
Meanwhile, representatives for Biden’s re-election bid declined to comment on the Colorado ruling, but a senior Democrat affiliated with the campaign noted that it supports their argument regarding the Capitol riot being an attempted insurrection.
Republican lawmakers, including House Speaker Mike Johnson, condemned the decision, labeling it “a thinly veiled partisan attack.
Trump’s primary rivals also criticized the ruling, with Vivek Ramaswamy pledging to withdraw his name from the ballot if Trump’s candidacy is not reinstated.
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As the legal battle unfolds, the Colorado Republican Party expressed its intent to withdraw from the state’s primary process if the ruling stands.
Citizens for Responsibility and Ethics in Washington (Crew), the group behind the case, welcomed the historic ruling, emphasizing its necessity to protect democracy.
The 14th Amendment’s Section 3, rarely invoked since the Civil War, aimed to prevent secessionists from returning to government roles.
The decision’s impact on more competitive states could pose significant challenges to Trump’s presidential aspirations. Despite Trump’s claims of non-responsibility for the Capitol riot, the majority of the Colorado Supreme Court maintained that his messages had incited his supporters to action.
The dissent argued for procedural due process before disqualifying an individual from holding public office, even for past actions deemed insurrection. Trump is currently facing four criminal cases, including federal and state charges in Georgia related to alleged election subversion efforts.
