Colorado Supreme Court Removes Donald Trump from 2024 Ballot, Citing "Insurrectionist Ban"
ICARO Media Group
In a groundbreaking decision with potential national implications, the Colorado Supreme Court has ruled to remove former President Donald Trump from the state's 2024 presidential ballot. The court cited the 14th Amendment's "insurrectionist ban" as the basis for their ruling, claiming that Trump's alleged involvement in the January 6th Capitol attack qualifies as an insurrection.
Although the ruling is placed on hold pending an appeal until January 4th, the decision has ignited widespread debate and is expected to significantly impact the upcoming presidential campaign. Colorado election officials stress the need for a final resolution by January 5th, the statutory deadline for setting the list of candidates for the GOP primary.
The 14th Amendment, ratified after the Civil War, prohibits individuals who have engaged in insurrection from holding future office. Despite its vague wording, without explicit mention of the presidency, the amendment has now been applied in two cases since 1919.
All seven justices serving on the Colorado Supreme Court were appointed by Democratic governors. While six of these justices have won statewide retention elections, the most recent appointment in 2021 has yet to face voters.
President Trump staunchly denies any wrongdoing concerning the events of January 6th, describing the 14th Amendment lawsuits as an abuse of the legal process. He currently faces federal and state indictments related to his efforts to overturn the 2020 election, maintaining his plea of not guilty.
Trump has vocally criticized the lawsuits on his campaign trail, framing them as deliberate attempts to prevent his return to the White House. As the front-runner for the 2024 Republican presidential nomination, he maintains his strong support among his base.
The Colorado Supreme Court's decision resulted in several crucial findings. Firstly, it confirmed that Colorado state law empowers voters to challenge an individual's eligibility based on the federal constitution's insurrectionist ban. Additionally, the court concluded that it has jurisdiction to enforce the ban without requiring Congressional action. Furthermore, the ruling clarified that the ban applies to the presidency itself.
By designating the January 6th attack on the Capitol as an insurrection, the court implicated Trump in the incident. It deemed his speech on that day as not protected by the First Amendment, asserting that his words "incited the crowd."
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, voiced his disagreement. He argued that Colorado election law was not intended to decide whether a candidate was involved in an insurrection and maintained that the challenge to Trump's eligibility should have been dismissed in the absence of an insurrection-related conviction.
While Trump has successfully defended against similar 14th Amendment challenges in several key states, an ongoing appeal in Michigan mirrors the Colorado case. Trump's opponents have pledged to persist with these legal battles even beyond the 2024 presidential election if he emerges victorious.
The lawsuit against Trump in Colorado was initiated by a coalition of Republican and independent voters in collaboration with the liberal government watchdog group, Citizens for Responsibility and Ethics in Washington. After a week-long trial, a district judge issued a striking ruling in November branding Trump as an insurrectionist but exempting the presidency from the vague ban in the 14th Amendment.
The Colorado Supreme Court's recent oral arguments revealed divisions among the justices. While some appeared open to applying the ban to Trump, others questioned the trial court's jurisdiction to adjudicate the matter. The final ruling marks a significant milestone in the ongoing legal battles surrounding Trump's eligibility for future office.