In a historic decision with potential national implications, the Colorado Supreme Court has ruled that disgraced former President Donald Trump cannot appear on the state’s Republican presidential primary ballot in 2024.
The ruling, issued on Tuesday, cites Trump’s role in the insurrection on January 6, 2021, at the U.S. Capitol as the basis for disqualification.
This groundbreaking 4-3 decision marks the first time a court has used the 1868 provision of the Constitution, which prevents insurrectionists from holding office, to keep a presidential candidate off the ballot.
“We do not reach these conclusions lightly,” the Colorado majority opinion reads. “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.”
The decision is expected to be appealed to the U.S. Supreme Court, where the justices will determine whether to take up the case.
The majority opinion, a 132-page document authored by Justices Monica Márquez, William Hood, Richard Gabriel, and Melissa Hart, states, “A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution.”
The decision asserts that listing the 2020 election loser as a candidate on the presidential primary ballot would be a wrongful act under the Election Code.
The 14th Amendment, ratified in 1868 after the Civil War, prohibits individuals who engaged in insurrection from holding future office.
The lawsuit against Trump was brought by six Republican and independent voters in Colorado, invoking this amendment.
Denver District Judge Sarah B. Wallace initially ruled that Trump had engaged in insurrection but could remain on the ballot. The voters and Trump both appealed different aspects of this ruling.
The Colorado Supreme Court’s decision challenges the interpretation of the 14th Amendment and whether it applies to former presidents.
The dissenting justices, Chief Justice Brian Boatright and Justices Maria Berkenkotter and Carlos Samour Jr., disagreed with the majority’s conclusion.
The ruling is expected to have significant ramifications not only in Colorado but also nationally.
Similar lawsuits seeking to block Trump from appearing on primary ballots have been filed in other states, and this decision may influence those cases.
Gov. Phil Murphy’s administration is defending the Republican traitor’s right to appear on the state’s ballot in 2024 in a lawsuit filed by civil rights advocate John Bellocchio.
The lawsuit filed by Bellocchio claims Trump’s involvement in the January 6, 2021, Capitol insurrection is grounds for barring his candidacy under Section 3 of the 14th Amendment.
outlines the administration’s position on various fronts.
The Murphy administration moved to dismiss the case and contends that Bellocchio’s legal brief, filed with Superior Court Judge Robert T. Lougy in Mercer County, overlooked the statutory framework for challenging election petitions in New Jersey.
Murphy’s lawyers say the case is premature but Bellocchio asserted that Trump’s eligibility under Section 3 of the Fourteenth Amendment should be decided before time is tight for election officials to prepare and mail sample ballots.
The Colorado court stayed its ruling until January 4, providing time for the U.S. Supreme Court to consider the matter.
With a presidential primary ballot deadline set for January 5 and ballots scheduled to be mailed to military and overseas voters on January 20, the urgency of a resolution is evident.
Trump’s legal team has consistently rejected the allegations but in his campaign to return to the White House, the 2020 election loser is trumpeting plans to use government power to retaliate against political adversaries and even his former staffers who put the national interest ahead of the wannabe dictator’s whims.
The former president faces federal and state indictments related to his efforts to overturn the 2020 election, to which he has pleaded not guilty. Meanwhile, he remains at the top of GOP primary polls and seems capable of destroying Democratic incumbent President Joe Biden if the two men meet in a rematch.
As the legal battle unfolds, the decision by the Colorado Supreme Court adds a new dimension to the ongoing debate about the consequences of the events of January 6, 2021, and their impact on the political landscape.
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