In a groundbreaking decision, the Colorado Supreme Court ruled on Tuesday that former President Donald Trump is ineligible for the White House under the U.S. Constitution’s insurrection clause. This move, setting a precedent, resulted in Trump’s removal from the state’s presidential primary ballot, leading to a potential legal clash in the nation’s highest court to determine the GOP front-runner’s candidacy.
The 4-3 decision by justices appointed by Democratic governors marked the first-ever use of Section 3 of the 14th Amendment to disqualify a presidential candidate. The court overturned a district judge’s ruling, asserting that Trump incited insurrection during the January 6, 2021, Capitol attack. The district judge, while acknowledging Trump’s role, had deemed it unclear if the provision covered the presidency.
The court, mindful of the gravity of the matter, stayed its decision until Jan. 4, awaiting a potential U.S. Supreme Court ruling. Trump’s legal team vowed an immediate appeal, emphasizing the final authority of the nation’s highest court on constitutional issues.
Despite losing Colorado in 2020, Trump’s challenge lies in the prospect of other states following suit, potentially excluding him from crucial electoral battles. The state officials insist on resolving the matter by Jan. 5, the ballot-printing deadline for the presidential primary.
This legal battle is part of a national trend with numerous lawsuits aiming to disqualify Trump under Section 3, originally designed to prevent former Confederates from holding office after the Civil War. The Colorado case stands out as the first successful instance, diverging from arguments that the provision doesn’t apply to the presidency. The court sided with voters’ attorneys, emphasizing the inconsistency of allowing rebels in low-level offices but not the highest position in the nation.