The Colorado Supreme Court on Tuesday ruled that former President Donald Trump is disqualified from holding office again under the U.S. Constitution’s insurrection clause and removed him from the state’s 2024 presidential primary ballot.
At least 35 cases have been filed across the country trying to disqualify Trump under Section 3 of the 14th Amendment of the U.S. Constitution, which bars anyone engaged in "insurrection or rebellion" from holding federal office.
While most of these efforts have largely been unsuccessful, Colorado’s top court made history becoming the first state to hold the former president accountable for his efforts in trying to overturn the 2020 election.
“The state court ruling sets a historic precedent which other states may follow,” Bennett Gershman, a former New York prosecutor and law professor at Pace University, told Salon. “It is a landmark ruling. I can’t think of an application of this provision in modern times.”
The ruling could have a “devastating impact” on the former president’s “quest” for the nomination and election if other states follow Colorado's lead, Gershman said.
A lower court judge ruled last month that Trump engaged in an insurrection by inciting a riot at the Capitol, but stopped short of disqualifying him, asserting that Section 3 does not apply to presidents.
The state's Supreme Court upheld the trial judge's conclusion that Trump engaged in insurrection and also affirmed the decision that Trump's January 6 speech at the Ellipse was not protected by the First Amendment.
But they didn’t agree with the lower court’s ruling that the framers of the amendment, concerned about the return of former confederates to power, would prohibit them from low-level offices, but not the highest position in the country.
“President Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,” the court wrote in its 4-3 decision. “Both results are inconsistent with the plain language and history of Section 3.”
However, the justices asserted that they did not reach these conclusions “lightly” and remain “mindful of the magnitude and weight” of the questions now before them. “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.”
Noah Bookbinder, president of the watchdog group Citizens for Responsibility and Ethics in Washington, which brought the suit in Colorado on behalf of Republican and unaffiliated voters seeking to disqualify Trump, praised Tuesday’s ruling.
“The court’s decision is not only historic and justified, but is necessary to protect the future of democracy in our country,” Bookbinder said. “Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government.”
While the decision removed Trump from the Republican primary ballot in Colorado, the justices paused their ruling so the former president could appeal to the US Supreme Court, which his campaign said it intended to do. If the appeal isn't settled quickly, it could preserve Trump’s spot on the state's GOP primary ballot in March.
The former president’s campaign spokesperson Steven Cheung criticized the Colorado Supreme Court's decision as politically motivated, blaming the justices appointed by Democrats.
“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,” Cheung said in a statement.
It remains unclear how the Supreme Court will rule, given its conservative majority, including three justices appointed by Trump.
But, some Republicans quickly rallied behind Trump soon after the decision came, condemning the ruling for allegedly infringing on voters’ rights to select their leaders.
“Democrats are so afraid that President Trump will win on Nov 5th 2024 that they are illegally attempting to take him off the ballot,” Elise Stefanik, R-N.Y., wrote on X, formerly Twitter.
Republican presidential candidate Vivek Ramaswamy shared a video on social media, vowing to withdraw from the Colorado GOP primary ballot unless Trump is allowed to remain on the ballot as well.
“I demand that Ron DeSantis, Chris Christie, and Nikki Haley do the same immediately - or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country,” Ramaswamy said.
Similarly, Florida Governor Ron DeSantis, who is also campaigning for the Republican nomination, blasted the latest ruling.
“The Left invokes ‘democracy’ to justify its use of power, even if it means abusing judicial power to remove a candidate from the ballot based on spurious legal grounds,” DeSantis wrote on X. “SCOTUS should reverse.”
Trump, who in recent months has used his legal troubles as an opportunity to raise money pushing claims that democrats are conspiring against him, took to Truth Social once again, asking for donations.
“Breaking news: Colorado just removed me from the ballot! Chip in now,” he posted on the platform, The Guardian reported.
If "many other states" remove Trump from the ballot, his chances of being nominated “fall significantly,” Gershman explained.
“The big question now is whether the Supreme Court will agree to review the ruling or perhaps wait to see if other states follow Colorado,” Gershman said.
