Colorado’s Supreme Court made a historic ruling on Dec. 19 banning former President Donald Trump from the state’s 2024 primary ballot.
Under the U.S. Constitution’s insurrection clause, the state’s high court overturned a district court ruling that found Trump guilty of inciting the infamous Jan. 6 Capitol Hill attacks but declared he couldn’t be barred from the ballot as it wasn’t clear if the provision was intended to cover the presidency. Justices made the 4-3 decision – all appointed by Democratic governors – and the first in history where Section 3 of the 14th Amendment was implemented to disqualify a presidential candidate.
The court’s majority said they take these decisions seriously, and while they understand the magnitude of this decision, it’s for the best.
“We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us,” the majority wrote. “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.”
Colorado and Minnesota are just two states that filed lawsuits against Trump to keep him off the ballot under Section 3, designed to keep former Confederates from returning to government after the Civil War. By definition, it bars anyone from office who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it. In November, Minnesota’s high court ruled that the GOP can put whoever they want on the primary ballot, dismissing the section 3 narrative.
Notre Dame law professor Derek T. Muller, who has been following the case closely since the suit was filed, said the ruling will significantly damage Trump’s candidacy. “I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Muller said.
“This is a major threat to Trump’s candidacy.”
Trump’s campaign spokesperson, Steven Cheung, called the court’s decision “completely flawed,” according to The Denver Post. The team plans to appeal the decision to the U.S. Supreme Court. “Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump,” Cheung said. He continued in a statement describing the ruling as a “left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice.”
However, the group that initially filed the suit – Citizens for Responsibility and Ethics in Washington – is praising the ruling. “Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government,” President Noah Bookbinder said.