Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause

 

Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause

On December 19, 2023, the Colorado Supreme Court ruled that former President Donald Trump is ineligible for the White House under the U.S. Constitution’s insurrection clause, removing him from the state’s presidential primary ballot. This decision, the first of its kind, triggers a potential legal battle in the nation’s highest court to determine whether the GOP front-runner can continue in the race.

The court, comprised of justices appointed by Democratic governors, voted 4–3 in favor of disqualifying Trump under Section 3 of the 14th Amendment. This marks the first instance in history where this section has been used to bar a presidential candidate.

Previously, a district court judge had ruled that Trump incited an insurrection in connection with the January 6, 2021, Capitol attack. However, the judge had allowed him to remain on the ballot, questioning whether the provision applied to the presidency.

The Colorado Supreme Court stayed its decision until January 4 or until the U.S. Supreme Court rules on the case. Trump’s legal team plans to appeal, emphasizing the significance of the case.

While Trump did not need Colorado to win the 2020 election and lost the state by 13 percentage points, the concern is that other states might follow Colorado’s lead, potentially excluding him from crucial battlegrounds.

The legal dispute revolves around Section 3 of the 14th Amendment, originally aimed at preventing former Confederates from holding office after the Civil War. This section disqualifies individuals who swore an oath to support the Constitution and then engaged in insurrection or rebellion against it.

The Colorado case is the first successful attempt to disqualify Trump under this section, with the state officials aiming to resolve the matter by January 5, the deadline for printing presidential primary ballots. Numerous lawsuits nationwide have sought to disqualify Trump under Section 3, making this case a pivotal moment in the ongoing legal battles.