Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court

December 20, 2023
1 min read
Former president Donald, seen here Sunday in Nevada, is in a legal battle to keep his name on the Colorado ballot. (Jabin Botsford/The Washington Post)

▪️ In a landmark decision, the Colorado Supreme Court has barred Donald Trump from the state’s 2024 presidential primary, citing his involvement in the insurrection on January 6, 2021. This 4-3 ruling is the first instance where a court has used a constitutional provision from 1868, designed to prevent insurrectionists from holding office, to exclude a presidential candidate from a ballot. This decision could significantly impact Trump’s chances of securing the Republican nomination and winning the November election if other states follow suit.

▪️ The ruling is expected to be appealed to the U.S. Supreme Court, which will determine whether the January 6 attack on the U.S. Capitol qualifies as an insurrection and if Trump is consequently ineligible to run. The Colorado Supreme Court’s majority based their decision on the evidence from Congress’s investigation of the January 6 attack, concluding that Trump had engaged in insurrection.

▪️ Trump campaign spokesperson Steven Cheung criticized the ruling, expressing confidence that the U.S. Supreme Court would overturn it. Meanwhile, the Colorado Supreme Court has put a hold on its decision until January 4, allowing Trump’s name on the ballot if an appeal is filed. This case comes as the U.S. Supreme Court also considers a separate matter involving Trump’s claim of immunity in a criminal case related to his alleged efforts to obstruct President Biden’s 2020 election victory.

▪️ The ruling is unprecedented and exerts pressure on the U.S. Supreme Court for a broad ruling that would apply nationwide. The 14th Amendment, adopted in 1868, includes a provision barring individuals from office if they have engaged in insurrection after swearing an oath to the Constitution. This case originates from a lawsuit filed by six Republican and independent voters in Colorado, seeking to prevent Trump’s candidacy. Denver District Judge Sarah B. Wallace initially ruled in November that Trump could remain on the ballot despite engaging in insurrection, as Section 3 of the 14th Amendment was deemed inapplicable to presidential candidates. This part of the ruling was appealed by the voters, while Trump appealed the insurrection conclusion.

The entire article can be read at the link https://www.washingtonpost.com/politics/2023/12/19/trump-off-colorado-ballot/

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