The Colorado Supreme Court has removed former US President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban,” CNN reported.
The ruling was 4-3.
As per CNN, the ruling will be placed on hold until January 4, pending Trump’s appeal to the US Supreme Court, which could settle the matter for the nation.
The state Supreme Court decision only applies to Colorado but the historic ruling will roil the 2024 presidential campaign. Colorado election officials have said the matter needs to be settled by January 5, which is the statutory deadline to set the list of candidates for the GOP primary scheduled for March 5.
The majority wrote in its unsigned opinion: “President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.”
“We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection. President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterised as an alleged fraud on the people of this country were indisputably overt and voluntary,” the opinion added, as per CNN.
The court, in addition, rejected Trump’s free speech claims, writing: “President Trump’s speech on January 6 was not protected by the First Amendment.”
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
All seven justices on the Colorado Supreme Court were appointed by Democratic governors. Six of the seven subsequently won statewide retention elections to stay on the bench. The seventh was only appointed in 2021 and hasn’t yet faced voters, as per CNN.