The Supreme Court of Colorado has declared that Donald Trump is ineligible to run for president in the state next year, invoking a constitutional insurrection clause. In a groundbreaking 4-3 decision, the court determined that Mr. Trump does not meet the criteria to be a candidate, marking the first-ever application of Section 3 of the 14th Amendment to disqualify a presidential contender. Previous attempts to remove Mr. Trump from the ballot in other states have been unsuccessful.
The ruling, currently on hold pending appeal until the next month, exclusively pertains to Colorado’s primary election on March 5. During this election, Republican voters will select their favored presidential candidate, and while the decision might impact the general election in November, it does not extend beyond Colorado’s borders. The justices emphasized the gravity of their decision, acknowledging the weighty questions at hand and their duty to impartially apply the law.
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This decision overturns a prior ruling by a Colorado judge who held that the insurrection ban in the 14th Amendment did not extend to presidents due to the absence of explicit mention. The same judge concluded that Mr. Trump had been involved in an insurrection on the day of the Capitol riot in 2021.
The Colorado Supreme Court’s ruling will not take effect until at least January 4, 2024, the eve of the state’s deadline to print its presidential primary ballots. Responding to the decision, a spokesperson for the Trump campaign, Steven Cheung, criticized the justices, alleging a flawed ruling and Democratic bias. He announced plans to promptly file an appeal with the US Supreme Court, where conservatives hold a 6 to 3 majority.
The ruling was met with silence from representatives of President Biden’s re-election campaign. However, a senior Democrat affiliated with the campaign conveyed to CBS News that the decision supports their argument that the Capitol riot was an attempted insurrection. The decision was welcomed by Citizens for Responsibility and Ethics in Washington (Crew), the group that initiated the case, as historic and necessary for the preservation of democracy.
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While similar lawsuits in other states have failed, the outcome of this case could pose significant challenges to Mr. Trump’s presidential aspirations, particularly if courts in more competitive states follow suit. Despite losing Colorado by a substantial margin in the previous election, the implications of this ruling extend beyond the state’s borders. In a one-week trial last month, Mr. Trump’s lawyers contended that he should not be disqualified, asserting that he was not responsible for the Capitol riot. However, the Colorado Supreme Court majority disagreed, stating that Mr. Trump’s pre-riot messages constituted a call to his supporters to fight, and they responded accordingly.
Critics, including Republican lawmakers, decried the decision as a thinly veiled partisan attack, emphasizing the importance of allowing every registered voter, regardless of political affiliation, the right to support their chosen candidate. Currently facing multiple criminal cases, Mr. Trump’s legal battles continue, with implications for his political future.