Colorado Supreme Court’s Ruling on Trump’s Eligibility Sparks Controversy Among Republicans

Republicans Criticize Colorado Supreme Court’s Decision

In the wake of the Colorado Supreme Court’s verdict that former President Donald Trump is disqualified from holding office due to the Constitution’s “insurrectionist ban,” several high-profile Republicans have voiced their disapproval. They have particularly targeted the “unelected judges” responsible for the ruling. GOP presidential hopeful Vivek Ramaswamy expressed his concerns at a campaign event in Mason City, Iowa, emphasizing the need for trustworthy elections and criticizing the judges’ power to decide who appears on the ballot. Similarly, GOP Rep. Mike Waltz of Florida and Trump pollster Jim McLaughlin lambasted the ruling and the judges behind it. Missouri Lt. Gov. Mike Kehoe also echoed these sentiments, arguing against the power of “unelected liberal judges” to determine presidential eligibility.

Fact-checking the “Unelected Judges” Claims

However, these comments don’t entirely align with the facts. In Colorado, supreme court justices are initially appointed by governors but must subsequently run in statewide retention elections. Colorado voters have previously chosen to retain all four justices who formed the 4-3 majority against Trump. All seven justices on the state’s high court were appointed by Democratic governors, a fact that has drawn criticism from Trump’s campaign following the ruling.

Understanding Colorado’s Judicial Appointment and Retention Process

According to state law, justices serve an initial two-year term before facing a yes-or-no ballot where Colorado voters decide whether to retain them for a subsequent 10-year term. This process differs from some states where justices run against opposing judicial candidates. Six of the seven Colorado justices have won statewide retention elections to remain on the bench. The seventh justice was appointed in 2021 and will face voters in the upcoming year.

Colorado Justices’ Retention Records

Justice Maria Berkenkotter, who dissented in the Trump case, took the bench in 2021 and will be up for election next year, along with Boatright and Márquez who are nearing the end of their 10-year terms.