On Tuesday, the Colorado Supreme Court declared that former President Donald Trump is ineligible for the White House under the U.S. Constitution’s insurrection clause. Consequently, he has been removed from the state’s presidential primary ballot. This move sets the stage for a probable showdown in the nation’s highest court to determine whether the leading contender for the GOP nomination can continue in the race.
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This historic decision, made by a court comprised of justices appointed by Democratic governors, is the first instance in which Section 3 of the 14th Amendment has been invoked to disqualify a presidential candidate. The court, in a 4-3 decision, stated, “A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.”
Colorado Supreme
The Colorado Supreme Court reversed a previous ruling from a district court judge who acknowledged Trump’s role in the January 6, 2021, Capitol attack but deemed it unclear whether the provision was intended to cover the presidency. The court, however, suspended its decision until January 4 or until the U.S. Supreme Court offers a ruling on the case.
“We do not reach these conclusions lightly,” emphasized the court’s majority. “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.”
Trump’s legal team pledged an immediate appeal to the U.S. Supreme Court, the ultimate authority on constitutional matters. Meanwhile, the Trump campaign is crafting a response to the ruling.
While Trump did not carry Colorado in 2020 and does not necessarily rely on the state for victory in the upcoming presidential election, the concern is that other courts and election officials might follow Colorado’s lead, potentially excluding Trump from crucial states.
Colorado officials assert that the matter must be resolved by January 5, the deadline for the state to finalize its presidential primary ballots.
Numerous lawsuits nationwide seek to disqualify Trump under Section 3, aimed at preventing former Confederates from re-entering government after the Civil War. The provision bars anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it. The Colorado case stands out as the first successful instance among these legal challenges. In November, District Judge Sarah B. Wallace determined that Trump had indeed “engaged in insurrection” by inciting the January 6 attack but allowed him to remain on the ballot based on a technical interpretation.
Trump’s attorneys argued that the language in Section 3, referring to “officers of the United States,” does not apply to the president, as the document does not include the president as an “officer of the United States.” The state’s highest court disagreed, supporting the arguments of six Colorado Republican and unaffiliated voters who contended that it would be illogical for the framers of the amendment to bar former Confederates from low-level offices but not the presidency.
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