In a stunning 4-3 ruling yesterday, the Colorado Supreme Court ordered that Donald Trump would be restricted from appearing on the state’s primary ballot next year. While this ruling initially applies only to the primary on March 5, it is likely that the court will ultimately extend it to the November general election as well.
The concurring justices defended their decision using an obscure provision in the 14th Amendment of the U.S. Constitution, which was originally added to prevent Civil War-era Confederates from holding office. Section 3 of the 14th Amendment reads as follows:
No person shall … hold any office, civil or military, under the United States…who, having previously taken an oath…as an officer of the United States, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
Colorado’s ruling is the latest in an ongoing attempt by several states to prevent Trump from appearing on the 2024 primary ballot. Courts in Michigan, Minnesota, and Arizona have already struck down similar cases. The movement claims that Donald Trump is responsible for the January 6th riot at the U.S. Capitol, which they refer to as an insurrection against the United States government.
A group of Colorado voters filed this case against Trump, supported by the organization Citizens for Responsibility and Ethics in Washington (CREW). Its advocates aim to leverage this case to strengthen a broader disqualification campaign in as many states as possible.
In the majority decision, the justices asserted, “President Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power.”
The court further alleged, in a scathing criticism against the former president’s actions,
The tenor of President Trump’s messages to his supporters in exhorting them to travel to Washington, D.C. on January 6 was obvious and unmistakable: the allegedly rigged election was an act of war and those victimized by it had an obligation to fight back and to fight aggressively. And President Trump’s supporters did not miss or misunderstand the message: the cavalry was coming to fight.
Trump campaign spokesman Steven Cheung commented on the ruling, saying, “The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision.”
North Carolina GOP Senator Thom Tillis even introduced legislation “To amend the Help America Vote Act of 2002 to prohibit Federal funds for election administration for States misusing the Fourteenth Amendment for political purposes, and for other purposes.”
The reaction from RNC Chairwoman Ronna McDaniel, as well as the Colorado Republican Party, was to declare the ruling “election interference.”
“This irresponsible ruling will be appealed to the U.S. Supreme Court and our legal team looks forward to helping fight for a victory,” said McDaniel. “The Republican nominee will be decided by Republican voters, not a partisan state court.”
American Daily Press will be following the developments in this case as it moves up to the U.S. Supreme Court.
