By Caroline Ameh
The Colorado Supreme Court has barred former President Donald Trump from featuring on the primary ballot for the 2024 US presidential election in Colorado. This ruling, due to his involvement in the January 6, 2021, Capitol riot, invokes a rarely used constitutional provision preventing individuals engaged in “insurrection or rebellion” from holding public office.
This historic ruling, likely to escalate to the U.S. Supreme Court, marks the first instance of a presidential candidate being declared ineligible for the presidency under this constitutional clause. While confined to Colorado’s Republican primary on March 5, the decision could impact Trump’s status for the general election, though forecasters anticipate Colorado to lean Democratic, potentially favoring President Joe Biden regardless of Trump’s ballot status.
Trump has swiftly vowed to challenge the ruling at the U.S. Supreme Court, prompting the Colorado court to postpone the implementation of its decision until at least Jan. 4, 2024.
This legal battle stands as a crucial test for broader efforts to disqualify Trump from state ballots under section 3 of the 14th Amendment, initially aimed at barring confederacy supporters from government positions post the Civil War.
The Colorado court’s majority cited Trump’s role in instigating violence during the Capitol certification of the 2020 election results as grounds for his disqualification, acknowledging the weight of their unprecedented decision.
“We do not reach these conclusions lightly,” emphasized the majority justices, underscoring their commitment to impartially apply the law, irrespective of public sentiment.
Conversely, Trump’s campaign denounced the court’s decision as “undemocratic,” promising an immediate appeal to the U.S. Supreme Court.
Initiated by a group of Colorado voters with support from Citizens for Responsibility and Ethics in Washington, the case contends that Trump should be barred from office for inciting the Capitol attack to disrupt the transfer of power to Biden.
Noah Bookbinder, President of CREW, hailed the court’s decision as crucial to safeguarding democracy’s future in the country.
While similar attempts in other states have failed, this ruling in Colorado may bolster broader disqualification efforts and potentially escalate to the U.S. Supreme Court.
Trump’s legal defense centers on his speech to supporters being protected by free speech rights and argues that the 14th Amendment doesn’t apply to sitting U.S. presidents without a congressional vote for disqualification.
Three justices dissented from Tuesday’s ruling, with Justice Carlos Samour highlighting due process concerns, emphasizing the need for procedural fairness before disqualifying an individual from public office.
This ruling initiates a consequential legal battle that could redefine the criteria for presidential candidacy and has far-reaching implications for the 2024 election.
