Colorado: A divided Colorado Supreme Court on Tuesday declared former U.S. President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the State’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.
Colorado’s highest court overturned a ruling from a district court judge who found that Mr. Trump incited an insurrection for his role in the January 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
The court stayed its decision until January 4, or until the U.S. Supreme Court rules on the case. Colorado officials say the issue must be settled by January 5, the deadline for the State to print its presidential primary ballots.
“We do not reach these conclusions lightly,” wrote the court’s majority. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Citizens for Responsibility and Ethics, an advocacy group representing voters, contended that Donald Trump should be disqualified from the ballot due to his role in inciting the January 6 attack on the Capitol.
“The court’s decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office,” Noah Bookbinder, president of CREW, said in a statement. “Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government.”
Bloomberg reported that throughout the year, Donald Trump has been confronted with numerous lawsuits nationwide asserting that he is not qualified for another term as President, citing Section 3 of the 14th Amendment.
