In a historic judgment likely to reverberate to the U.S. Supreme Court, the Colorado Supreme Court ruled 4-3 on Tuesday that former U.S. President Donald Trump cannot appear on the ballot in Colorado in the 2024 presidential election due to his role in the Jan. 6, 2021, attack on the U.S. Capitol by his supporters. This landmark decision makes Trump the first presidential candidate in U.S. history deemed ineligible under a rarely used provision of the U.S. Constitution barring officials who have engaged in “insurrection or rebellion” from holding office.
The Colorado Supreme Court concluded that Trump’s instigation of violence against the U.S. government violated the U.S. Constitution, preventing him from participating in the election. The ruling, effective only for the state’s March 5 Republican primary, is stayed until Jan. 4, 2024, allowing for appeals. Trump’s campaign has called the decision “flawed” and “undemocratic” and vowed to appeal to the United States Supreme Court.
One of the dissenting justices, Carlos Samour, expressed concerns about the fairness of determining Trump’s eligibility through a lawsuit, arguing that it deprives him of due process, as he has not been convicted of insurrection by a jury. The ruling’s implications extend beyond the primary, likely affecting Trump’s status for the Nov. 5 general election.
The case was brought by a group of Colorado voters, aided by Citizens for Responsibility and Ethics in Washington (CREW), alleging that Trump should be disqualified for inciting the Capitol attack. CREW President Noah Bookbinder hailed the decision as “historic and justified” to protect the future of democracy.
Trump’s campaign has condemned 14th Amendment challenges as attempts to deny voters their preferred choice. Advocates hope the case will contribute to a broader disqualification effort and potentially reach the U.S. Supreme Court, where a 6-3 conservative majority, including three Trump appointees, could weigh in on the matter.