In a groundbreaking ruling, the Colorado Supreme Court has barred former U.S. President Donald Trump from appearing on the primary ballot in the state due to his involvement in the January 6, 2021, attack on the U.S. Capitol by his supporters. This historic 4-3 decision invokes a rarely used constitutional provision, preventing officials engaged in “insurrection or rebellion” from holding office.
The impact of this ruling is confined to Colorado’s March 5 Republican primary, but its repercussions may extend to Trump’s eligibility in the state for the November 5 general election. Despite Colorado being considered a safely Democratic state, nonpartisan U.S. election forecasters suggest this decision could influence Trump’s standing there.
Trump, the frontrunner for the Republican nomination in 2024, has vowed to appeal the decision to the U.S. Supreme Court. The Colorado court, cognizant of the gravity of its decision, has delayed its implementation until at least January 4, 2024, to allow for an appeal process.
This legal development sets the stage for the U.S. Supreme Court, with its 6-3 conservative majority, to deliberate on Trump’s eligibility for a potential second term as president. The lawsuit serves as a litmus test for broader efforts to disqualify Trump from state ballots under the 14th Amendment, enacted after the U.S. Civil War to prevent supporters of the Confederacy from holding government positions.
The Colorado court’s majority, acknowledging the unprecedented nature of the case, emphasized their duty to apply the law impartially. Trump’s campaign decried the decision as “undemocratic,” promising a swift appeal.
This decision overturns a previous ruling by a lower court judge who found Trump engaged in insurrection but concluded that, as president, he was not an “officer of the United States” subject to disqualification under the amendment.
The case, brought by Colorado voters with support from Citizens for Responsibility and Ethics in Washington, contends that Trump should be disqualified for inciting the Capitol attack in a bid to obstruct the transfer of power to President Joe Biden after the 2020 election.
Noah Bookbinder, President of CREW, hailed the decision as “historic and justified” and crucial for safeguarding the future of democracy. While other states have rejected similar attempts to keep Trump off primary ballots, the hope among advocates is that the Colorado case could bolster broader disqualification efforts and potentially reach the U.S. Supreme Court.
Trump’s legal defense argued that his speech to supporters on the day of the riot was protected by free speech rights and asserted that the 14th Amendment does not apply to U.S. presidents without a congressional vote for disqualification.
Three justices on the Colorado Supreme Court dissented, with Justice Carlos Samour highlighting concerns about due process, emphasizing the need for procedural fairness before declaring an individual ineligible for public office.
