In a groundbreaking decision, the Colorado Supreme Court ruled on Tuesday to exclude former President Donald Trump from the state’s 2024 ballot. The court cited the 14th Amendment’s “insurrectionist ban” as the reason for Trump’s ineligibility as a presidential candidate. This 4-3 ruling is temporarily on hold until January 4, pending Trump’s appeal to the US Supreme Court, which could potentially resolve the issue nationally. Although the state Supreme Court’s decision is only applicable to Colorado, it is expected to significantly impact the 2024 presidential campaign.
Colorado’s Deadline for Finalizing GOP Primary Candidates
Colorado election officials have indicated that the issue needs resolution by January 5, the statutory deadline for finalizing the list of candidates for the GOP primary scheduled for March 5. The majority opinion, unsigned, stated, “President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.”
Trump’s Actions Constitute Insurrection, Court Rules
The court concluded that the evidence, most of which was undisputed at trial, established that President Trump engaged in insurrection. The court also dismissed Trump’s free speech claims, stating, “President Trump’s speech on January 6 was not protected by the First Amendment.” The 14th Amendment, ratified after the Civil War, bans officials who have taken an oath to support the Constitution from future office if they “engaged in insurrection.” However, the amendment’s wording is vague, doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
Trump Campaign’s Response to Colorado Supreme Court’s Decision
The Trump campaign announced on Tuesday that it will “swiftly file an appeal” of the Colorado Supreme Court’s decision. Steven Cheung, a Trump campaign spokesperson, criticized the decision as “deeply undemocratic” and expressed confidence that the U.S. Supreme Court will rule in their favor. Allies of the former president were taken aback by the Colorado high court’s decision to remove Trump from the state’s 2024 ballot, sources told CNN.
Reactions to the Ruling from GOP Members and Presidential Hopefuls
In the aftermath of the decision, Trump, the front-runner for the Republican presidential nomination, received support from members of Congress and at least one other GOP presidential hopeful. House Speaker Mike Johnson criticized the state court’s decision as “reckless” and called it a “thinly veiled partisan attack.” GOP presidential candidate Vivek Ramaswamy labeled the decision as an “actual attack on democracy” and “election interference,” vowing to withdraw from the Colorado GOP primary unless Trump is allowed on the ballot.
Key Findings from the Colorado Supreme Court’s Decision
Opposition to the Ruling and Future Legal Battles
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, argued that Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility. The lawsuit was filed by a group of Republican and independent voters, in coordination with a liberal government watchdog group, Citizens for Responsibility and Ethics in Washington. A similar appeal is pending in Michigan, where Trump also prevailed. He has successfully defended against 14th Amendment challenges in several key states, while the challengers have pledged to continue their legal battles potentially even after the 2024 presidential election, if he wins.