The Colorado Supreme Court struck down former President Donald Trump from the state’s 2024 ballot on Tuesday, citing the 14th Amendment’s “insurrectionist ban” as the reason he is not eligible to run for president. This decision was startling and unprecedented.
In the event that Trump files an appeal with the US Supreme Court, which could resolve the issue for the country, the 4-3 decision will be postponed until January 4.
The Colorado Supreme Court’s landmark decision will shake up the 2024 presidential contest, even though it only applies to Colorado. Election officials in Colorado have stated that a resolution must be reached by January 5th, which is the legally-mandated deadline for determining the candidates for the GOP primary, which is set for March 5th.
In its unsigned opinion, the majority stated that “President Trump did not merely incite the insurrection.” “He persisted in supporting the Capitol siege even after it had fully begun, calling senators to urge them to halt the counting of electoral votes and repeatedly insisting that Vice President (Mike) Pence refuse to carry out his constitutional obligations. These behaviors amounted to overt, willing, and direct involvement in the uprising.
“We deduce that President Trump participated in insurrection, as demonstrated by the preceding evidence, the majority of which was uncontested during the trial,” the opinion continued. “Over a period of months, President Trump made clear and direct efforts to urge his followers to march on the Capitol to stop what he falsely claimed was an alleged fraud on the people of were unquestionably voluntary and overt in this nation.
Furthermore, the court dismissed Trump’s arguments regarding his right to free speech, ruling that his remarks on January 6th were not protected by the First Amendment.
The 14th Amendment, which was ratified following the Civil War, states that public servants who swear allegiance to the Constitution will not be allowed to hold public office again if they “engaged in insurrection.” However, the amendment has only been implemented twice since 1919, has ambiguous language, and doesn’t specifically address the presidency.
The Democratic governors of Colorado appointed each of the seven justices on the court. Following that, six of the seven won statewide retention elections, securing their seats on the bench. Appointed in 2021, the seventh has not yet faced elections.
The Trump team promises a “swift” appeal
The Colorado Supreme Court’s ruling will be “swiftly appealed,” the Trump campaign announced on Tuesday.
“Tonight’s decision by the Colorado Supreme Court was incredibly flawed, and we will immediately file an appeal with the US Supreme Court along with a request to halt this incredibly undemocratic ruling. A spokesman for the Trump campaign, Steven Cheung, said in a statement, “We have complete confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”
The former president’s supporters expressed shock at the Colorado Supreme Court’s decision to strike Trump from the state’s 2024 ballot.
Before the trial judge determined that the ban did not apply to the presidency, Trump’s campaign claimed to be ready for any outcome and highlighted how quickly they could release a statement. However, the former president’s team had expressed confidence that the higher courts would rule in their favor.
Following the ruling, members of Congress and at least one other Republican presidential candidate extended their support to Trump, the front-runner for the Republican nomination.
In a statement, House Speaker Mike Johnson denounced the state court’s ruling as “reckless.”
The decision made today that seeks to remove President Trump from the Colorado ballot is nothing more than a partisan attack with a thinly veiled goal. Johnson, a close Trump supporter who has backed the former president’s 2024 campaign, said in the statement, “Every citizen registered to vote should not be denied the right to support our former president and the individual who is the leader in every poll of the Republican primary.” “We have faith that the U.S. Supreme Court will overturn this hasty judgment and allow the American people to choose the country’s next president.”
Vivek Ramaswamy, the Republican nominee for president, contrasted the decision with a “actual attack on democracy” and “election interference.” He threatened to drop out of the Colorado GOP primary if Trump is permitted.
Ramaswamy wrote on X, “The bipartisan Establishment is now deploying a new tactic to bar him from ever holding office again: the 14th Amendment. They’ve tried every trick in the book to eliminate President Trump from running in this election.”
In a fundraising email sent to supporters, the Trump campaign swiftly attacked the decision as meddling in elections and requested donations to “join the fight.”
Regarding January 6, Trump has denied any wrongdoing and criticized the 14th Amendment lawsuits as an abuse of the legal system. He has entered a not guilty plea and is facing both federal and state indictments in relation to his efforts to rig the 2020 election.
The decision is made while a related appeal—in which Trump also won—is still pending in Michigan. He has defeated 14th Amendment challenges in a number of significant states, and those who have lost have vowed to continue challenging him in court, possibly even after he wins the 2024 presidential election.
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