In a groundbreaking decision on Tuesday, the Colorado Supreme Court declared that former President Donald Trump is ineligible to hold the presidency under the Constitution’s insurrection clause.
This unprecedented ruling, a first in the nation, directs the secretary of state to remove Trump’s name from the state’s Republican presidential primary ballot.
The Colorado Supreme Court, comprised of justices appointed by Democratic governors, made history by invoking the Civil War-era provision, Section 3 of the 14th Amendment, to disqualify Trump based on his involvement in the January 6, 2021, Capitol attack. This marks the inaugural instance in which a court has determined a presidential candidate’s ineligibility under this clause.
It’s important to note that this ruling is specific to Colorado, and the court, recognizing the significance of its decision, has temporarily suspended its implementation until January 4. This timing aligns with the day before the deadline for Colorado Secretary of State Jena Griswold to finalize the list of candidates for the state’s March 5 primary.
The decision underscores the unique circumstances surrounding Trump’s candidacy in Colorado and sets a precedent for the interpretation of the insurrection clause in relation to presidential eligibility.
“We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot,” the court’s majority wrote in an unsigned opinion.
“Therefore, the Secretary may not list President Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him.”
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” Steve Cheung, spokesman for the Trump campaign, said in a statement.
“We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”
The seven-member Colorado Supreme Court divided 4-3 on the ruling, with its majority reversing the trial court’s finding as to the scope of Section 3 to conclude that it encompasses the office of the presidency and one who has taken an oath as president.
“President Trump asks us to hold that Section Three disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,” the majority wrote. “Both results are inconsistent with the plain language and history of Section Three.”
In response to the decision, Griswold noted that it may be appealed and said she will “continue to follow court guidance on this important issue.”