Donald Trump: Due to his involvement in his supporters’ Jan. 6, 2021, attack on the U.S. Capitol, former President Donald Trump is not permitted to run for office in Colorado in the upcoming presidential election, the state’s highest court ruled on Tuesday. This landmark decision is expected to be reviewed by the U.S. Supreme Court.
Trump’s Historic Disqualification
The Colorado Supreme Court ruled 4-3, making Trump the first presidential candidate in American history to be disqualified from running for office under a seldom-used clause of the U.S. Constitution that prohibits officials who have participated in “insurrection or rebellion” from holding public office.
Colorado Ruling’s Ripple Effect on Trump’s General Election Prospects
Although the ruling only pertains to Colorado’s Republican primary on March 5, its outcome may have an impact on Trump’s standing in the state come general election day on November 5. Colorado is seen by partisan U.S. election observers as safely Democratic, indicating that President Joe Biden will probably win the state regardless of what happens to Donald Trump there. The Colorado court declared that it would postpone the implementation of its decision until at least January 4, 2024, to allow for an appeal, and Trump vowed to take the decision all the way to the United States Supreme Court.
U.S. Supreme Court Prospects
The decision paves the way for the U.S. Supreme Court, which has three Trump appointees among its 6-3 conservative majority, to decide whether or not to grant Trump a second term as president. The lawsuit is seen as a trial run for a larger attempt to remove Trump from state ballots under the 14th Amendment’s section 3, which was passed following the American Civil War to bar Confederate sympathisers from holding public office.
How the Colorado Decision Echoes Beyond March 5
Although the ruling only pertains to Colorado’s Republican primary on March 5, its outcome may have an impact on Trump’s standing in the state come general election day on November 5. Colorado is seen by partisan U.S. election observers as safely Democratic, indicating that President Joe Biden will probably win the state regardless of what happens to Donald Trump there. The Colorado court declared that it would postpone the implementation of its decision until at least January 4, 2024, to allow for an appeal, and Trump vowed to take the decision all the way to the United States Supreme Court.
U.S. Supreme Court Pathway
The decision paves the way for the U.S. Supreme Court, which has three Trump appointees among its 6-3 conservative majority, to decide whether or not to grant Trump a second term as president. The lawsuit is seen as a trial run for a larger attempt to remove Trump from state ballots under the 14th Amendment’s section 3, which was passed following the American Civil War to bar Confederate sympathisers from holding public office.
Colorado Court Cites Trump’s Actions in Landmark Decision
The Colorado court found that because Trump incited violence at the Capitol during lawmakers’ meeting to certify the results of the 2020 election, the U.S. Constitution prohibits the front-runner for the Republican nomination in 2024 from being listed on the ballot. The majority of the court recognised that the ruling was “uncharted territory.”
Majority Justices Acknowledge Weight of Unprecedented Conclusions
“We do not reach these conclusions lightly, the majority justices wrote. We are mindful of the magnitude and weight of the questions now before us. 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.” The Trump campaign referred to the ruling as “undemocratic.”
Labeling Colorado Supreme Court Decision as Flawed
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court,” a spokesperson from the Trump campaign said. The ruling overturns a lower court judge’s finding that Trump incited violence against his supporters in order to commit insurrection, but the judge also found that Trump was not a “officer of the United States” and could not be removed from office under the amendment in his capacity as president. The Biden team chose not to respond.
Colorado Voters’ Lawsuit Supported by Citizens for Responsibility and Ethics in Washington
With assistance from Citizens for Responsibility and Ethics in Washington, a group of Colorado voters filed the lawsuit, arguing that Trump ought to be removed from office for encouraging his followers to attack the Capitol in an unsuccessful attempt to block Biden’s succession as president following the 2020 election. According to a statement from CREW President Noah Bookbinder, the court’s ruling is “not only historic and justified, but is necessary to protect the future of democracy in our country.” Several lawsuits attempting to prevent Trump from appearing in other states’ primary ballots have been rejected by courts. The highest court in Minnesota rejected an attempt to remove Trump from the Republican primary in that state, but it made no ruling regarding his eligibility for the presidency in general.
Supporters’ Hopes for the Colorado Case’s Impact on Disqualification Movement
A few supporters had anticipated that the Colorado case would strengthen the disqualification movement as a whole and possibly bring the matter before the US Supreme Court. The Trump campaign has denounced 14th Amendment challenges as an attempt to keep millions of voters from selecting the candidate they want to lead them as president.
Trump’s Attorneys Argue President’s Exclusion from 14th Amendment
Trump’s attorneys launched a number of defences in the case, claiming that the president of the United States is not covered by the constitutional amendment, that Trump’s speech to supporters on the day of the riot was protected by his right to free speech, and that a candidate would need to be disqualified by a vote in Congress.
Three Justices Challenge the Colorado Supreme Court’s Decision
From Tuesday’s decision, three justices of the Colorado Supreme Court dissented. Carlos Samour, one of the dissenting justices, stated in a lengthy opinion that a lawsuit violates Trump’s right to due process and is therefore an unfair means of determining his eligibility for the ballot. He further pointed out that a jury has not found him guilty of insurrection. “Even if we are convinced that a candidate committed horrible acts in the past – dare I say, engaged in insurrection – there must be procedural due process before we can declare that individual disqualified from holding public office,” Samour said.
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