The Colorado Supreme Court has made a historic decision, disqualifying former President Donald Trump from the state’s presidential primary ballot. This ruling was made based on the US Constitution’s insurrection clause, specifically Section 3 of the 14th Amendment. It is the first time in history that Section 3 has been invoked to disqualify a presidential candidate.
In a 4-3 decision, the court concluded that Trump is ineligible for the presidency under Section 3 of the 14th Amendment. The justices, all of whom were appointed by Democratic governors, emphasized the weight of their decision and their commitment to apply the law impartially.
The Colorado Supreme Court’s ruling overturned a previous decision by a district court judge who acknowledged Trump’s involvement in inciting the January 6, 2021, attack on the Capitol but did not believe it warranted his disqualification from the ballot. However, the state’s highest court determined that the provision in question should indeed apply to the presidency, and therefore, Trump should be disqualified.
The decision is temporarily stayed until January 4, or until the US Supreme Court weighs in on the case. Trump’s legal team has vowed to appeal the disqualification to the nation’s highest court. They argue that the Colorado Supreme Court’s decision is flawed and undemocratic.
While Trump’s loss in Colorado during the 2020 election by 13 percentage points may not significantly impact his chances in next year’s presidential election, the concern lies in the potential ripple effect of more courts and election officials following Colorado’s lead. If excluding Trump becomes a trend in must-win states, it could have serious implications for his campaign.
Dozens of lawsuits have been filed across the country to disqualify Trump under Section 3. This particular provision was initially established to prevent former Confederates from holding government positions after the Civil War. It disqualifies individuals who took an oath to support the Constitution but engaged in insurrection or rebellion against it. Although rarely invoked since the Civil War era, the Colorado case represents a successful implementation of Section 3.
In their arguments, the attorneys representing Colorado Republican and unaffiliated voters contended that it would be illogical for the framers of the 14th Amendment to exclude former Confederates from lower-level offices but not from the highest office in the country. The court ultimately sided with these arguments.
The deadline for Colorado to print its presidential primary ballots is January 5, underscoring the urgency of resolving this issue. Whether or not Trump’s disqualification will hold in finality rests on the decision of the US Supreme Court.
This groundbreaking development in Colorado adds yet another layer of uncertainty to the already contentious and closely watched race for the GOP nomination. As the legal battles continue, all eyes will be on the highest court in the nation to determine if Trump’s political future remains intact or if he will face further disqualifications.
