The Colorado Supreme Court handed down what will be a groundbreaking and highly controversial decision Tuesday afternoon. It ruled that former President Donald Trump should be removed from the state’s presidential primary ballot for the 2024 election based on Section 3 of the 14th Amendment.
This marks the first time in history that this provision has been leveraged in an effort to prevent a presidential candidate from seeking the White House. The court argued that Trump is disqualified from appearing on the ballot due to his supposed role in the J6 riot at the U.S. Capitol building.
In a major legal blow to Trump, the court affirmed he engaged in insurrection by inflaming his supporters with false claims of election fraud and directing them to the Capitol — preventing him from a second White House term under the 14th Amendment’s “insurrection clause.”
The court put its ruling on hold until Jan. 4, so Trump can first seek review from the Supreme Court. If he does, Trump’s name automatically remains on the ballot until the justices resolve the appeal.
“We do not reach these conclusions lightly,” the court wrote in a 4-3 decision. “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, which was made by justices who were all appointed by Democrat governors, has set a precedent that could lead to a fiery showdown in the U.S. Supreme Court, which previously declined to hear the case. (Three justices dissented from the decision.)
Last year, Democrats began floating the idea of using the 14th Amendment to influence the outcome of the upcoming election by removing Trump from the ballot in as many states as possible. Section Three mandates that individuals who were involved in an insurrection would be disqualified from holding any office. It was originally created to apply to former members of the Confederacy after the Civil War. In other states, similar efforts to remove Trump using the 14th Amendment have been shot down.
The ruling is sure to ignite a firestorm of criticism coming from conservatives who rightly point out that this is yet another effort to prevent Republicans from winning the White House in 2024. Along with the slew of politically motivated indictments against the former president, the 14th Amendment gambit was seen as a farfetched strategy to skew the outcome of the presidential election in Democrats’ favor. In fact, even with Colorado’s ruling, it is highly likely that their decision will be overturned at the federal level. Still, this development shows just how far Democrats will go to make sure the odds are in their favor next year.
The full 213-page Slip Opinion may be viewed here:
Colorado – Trump by Susie Moore on Scribd