In a historic 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 marks the first instance in history that Section 3 of the 14th Amendment has been utilized to disqualify a presidential candidate. The court’s decision not only removes Trump from the state’s presidential primary ballot but also sets the stage for a potential showdown in the U.S. Supreme Court to determine the GOP front-runner’s eligibility.
Court’s Decision
The 4-3 decision by Colorado’s highest court overturned a previous ruling from a district court judge. The district judge had acknowledged Trump’s role in the January 6, 2021, Capitol attack but questioned whether the insurrection clause applied to presidential candidates. The Colorado Supreme Court, however, concluded that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.
The court’s majority, composed of justices appointed by Democratic governors, emphasized the weight of the decision, stating that they approached the matter with a sense of duty to apply the law without being swayed by public reaction. The decision stays in effect until January 4, pending any action by the U.S. Supreme Court.
Legal Background
Section 3 of the 14th Amendment was originally designed to prevent former Confederates from returning to government positions after the Civil War. It prohibits individuals who engaged in insurrection or rebellion against the Constitution from holding office. The provision has been invoked only a few times in the years following the Civil War.
Trump’s attorneys had argued that the language in Section 3, which refers to “officers of the United States,” does not explicitly include the president. They contended that since the president’s oath is different from that of other officers, the provision should not apply to the highest office in the land.
However, the Colorado Supreme Court disagreed, siding with attorneys representing Colorado Republican and unaffiliated voters. These attorneys argued that it would be nonsensical to bar former Confederates from low-level offices while allowing them to run for the presidency.
Implications and Next Steps
While Trump lost Colorado by a significant margin in 2020 and may not need the state to win the upcoming presidential election, the decision raises concerns that other courts and election officials may follow suit in excluding him from critical states. Trump’s campaign has vowed to appeal the disqualification immediately to the U.S. Supreme Court, which holds the final authority on constitutional matters.
The deadline for Colorado to print its presidential primary ballots is January 5, adding urgency to the need for resolution in this matter. The decision in Colorado adds to the dozens of lawsuits filed nationally seeking to disqualify Trump under Section 3, making it a crucial test case with potentially far-reaching implications.