In a divided decision, the Colorado Supreme Court has ruled 4-3, that former President Donald Trump is ineligible to appear on the state’s presidential primary ballot for the 2024 elections. The court invoked Section 3 of the 14th Amendment, marking the first time in history that this provision has been used to disqualify a presidential candidate.
The court’s majority, all justices appointed by Democratic governors, concluded that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment. This section stipulates that individuals who have sworn an oath to “support” the Constitution and subsequently engaged in insurrection or rebellion against it are barred from holding office. Trump’s alleged role in inciting the January 6, 2021, attack on the Capitol formed the basis for the court’s decision.
Trump’s legal spokeswoman, Alina Habba, swiftly condemned the ruling, asserting that it attacks the core of the nation’s democracy. She expressed confidence that the U.S. Supreme Court would overturn what Trump’s team considers an unconstitutional order. The Republican National Committee chairwoman, Ronna McDaniel, labeled the decision as “election interference,” signaling the RNC’s intention to assist Trump in challenging the ruling.
Notably, the court stayed its decision until January 4, or until the U.S. Supreme Court rules on the case. Colorado officials emphasize the urgency of settling the matter by January 5, the deadline for the state to print its presidential primary ballots.
While Trump lost Colorado by 13 percentage points in 2020, the implications of this ruling extend beyond the state’s borders. The fear is that other courts and election officials may follow Colorado’s lead, potentially excluding Trump from must-win states in the 2024 presidential election.
This case marks a historical use of Section 3 of the 14th Amendment to disqualify a presidential candidate. The court’s decision signals a potential turning point in the ongoing legal battles surrounding Trump’s eligibility, with his attorneys vowing to appeal any disqualification promptly to the U.S. Supreme Court.
As the legal drama unfolds, questions linger about the broader impact on Trump’s candidacy and the potential precedent set by the Colorado Supreme Court’s decision. The constitutional interpretation of Section 3 and its application to presidential candidates may become a focal point in the upcoming legal battles, headed to the highest court.