Major Setback for Trump: Colorado Court Rules He Can’t Run for President in 2024
In a groundbreaking decision with major implications for the 2024 presidential election, the Colorado Supreme Court ruled 4-3 on Tuesday that Donald Trump is ineligible to hold future office due to his participation in the January 6th Capitol insurrection. This unprecedented move marks the first time a state supreme court has definitively concluded that Trump engaged in an act of insurrection, disqualifying him from the presidency under Section 3 of the 14th Amendment.
Since the Colorado Supreme Court has put its order disqualifying Trump from the 2024 ballot on hold to allow for an appeal to the US Supreme Court
The court’s majority opinion, while acknowledging the weight of its decision, emphasized its duty to uphold the law without prejudice, stating: “We do not reach these conclusions lightly. 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 basis for the ruling rests on Section 3 of the 14th Amendment, ratified after the Civil War, which disqualifies individuals from holding federal or state office if they:
Previously took an oath to uphold the Constitution.
Subsequently engaged in an insurrection or rebellion against the United States.
The petitioners, four Republicans and two unaffiliated voters, argued that Trump’s actions surrounding the January 6th attack qualified as insurrection under this provision. The court agreed, citing extensive evidence to conclude that:
The attack on the Capitol constituted an insurrection.
Trump’s actions directly linked to the insurrection, including inciting his supporters and attempting to overturn the election certification, constituted prohibited engagement in insurrection.
Dissenting voices, led by Chief Justice Brian D. Boatright, contested the application of Section 3 to the presidency and questioned the sufficiency of evidence against Trump. However, the majority opinion firmly rebuffed these arguments, stating:
The presidency falls squarely under the “office” category encompassed by Section 3.
Trump’s conduct on January 6th, including his intent to impede the peaceful transfer of power, met the threshold for prohibited “engagement in insurrection.”
Trump’s campaign has already announced its intention to appeal the decision to the U.S. Supreme Court. This sets the stage for a potentially landmark national legal battle with immense consequences for the upcoming presidential election.
Key Takeaways:
The Colorado Supreme Court found Donald Trump ineligible to hold future office due to his involvement in the January 6th insurrection.
This decision is based on Section 3 of the 14th Amendment, which disqualifies oath-takers who engage in insurrection from holding office.
The ruling sparks a significant legal battle, with Trump’s campaign appealing to the U.S. Supreme Court.
The outcome could have major implications for the 2024 presidential election.
Additional Notes:
The court’s opinion acknowledges the expedited nature of election proceedings and rejects Trump’s claims of insufficient defense time.
It emphasizes that Congress does not need to pass additional legislation to enforce Section 3’s disqualification provisions.
The decision underscores the potential legal dangers for Trump related to January 6th, beyond just this specific eligibility challenge.