The Colorado Supreme Court on Tuesday removed former President Donald Trump from the state’s 2024 Republican primary ballot, ruling he violated the insurrectionist clause of the 14th Amendment for his role in January 6.
In a 4-3 decision from Democratic-appointed justices, Colorado‘s high court ruled the ex-president and 2024 hopeful isn’t eligible for the presidency.
The 14th Amendment was approved after the Civil War and bars officials from seeking future office should they have ‘engaged in insurrection.’
‘A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,’ the court wrote.
It is the first time in history that that the Constitution’s ‘insurrection clause’ has been used to disqualify a presidential candidate.
The decision may not stick – with Trump campaign spokesman Steven Cheung confirming Tuesday evening that the ex-president would appeal it to the Supreme Court.
‘We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,’ Cheung said.
Former President Donald Trump attends a rally on the Ellipse on January 6, 2021, ahead of the Capitol attack. His role in the ‘insurrection’ and attempt to overturn the 2020 election make him ineligible to serve, the Colorado Supreme Court ruled on Tuesday
Supporters of former President Donald Trump broke into the Capitol Building on January 6, interrupting the joint session of Congress that cemented President Joe Biden’s 2020 election win
Republican National Committee Chair Ronna Romney McDaniel called the decision ‘election interference’ and indicated the RNC would also fight it in court.
She said the RNC’s legal team ‘looks forward to helping fight for a victory.’
The Colorado Supreme Court’s decision comes after a district court ruled that while Trump incited an insurrection – the January 6, 2021 Capitol attack – the provision in the Constitution was unclear whether it was intended to bar candidates for the presidency.
The lawsuit was filed by the Washington, D.C.-based group, Citizens for Responsibility and Ethics in Washington, on behalf of six Colorado voters, some Republican and some unaffiliated with a political party.
The lawsuit pointed to Trump’s role in the January 6 Capitol attack and also his efforts to overturn the 2020 presidential election.
The court found ‘by clear and convincing evidence’ that Trump engaged in an insurrection as defined by the Fourteenth Amendment.
The court found the section to be ‘self-executing,’ meaning further action by Congress was not required.
The court in its ruling referenced Trump’s January 6 speech on the Ellipse on the day Congress met to count the electoral votes
It found the District Court ‘did not err’ when it determined that January 6 constituted an ‘insurrection.’
It did so by citing Trump’s January 6 speech, where he told a crowd on the Ellipse to ‘fight like hell,’ ruling that it was not protected speech under the First Amendment.
‘The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot,’ the court ruled.
It acknowledged the certain appeal, staying the decision until January 4 to allow for time.
And it included the caveat: ‘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 judges that voted in favor of the ruling had all been appointed by Democratic governors.
Cheung and other Republicans pointed this out, with the Trump campaign spokesman also dubbing CREW’s lawsuit a ‘Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden.’
‘Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls. They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November,’ Cheung said.
Also piling on was Eric Trump, who made reference to how Trump’s poll numbers have jumped even while he faces four criminal prosecutions.
‘Prediction: This Colorado decision will add 5%+ points to @realDonaldTrump already runaway polls,’ he posted on X.
Trump’s team and other Republicans were quick to point out the four justices who voted in favor of the ruling were appointed by Democratic governors. They included Justice William W. Hood III (left) who was appointed by now Sen. John Hickenlooper and Justice Monica M. Márque (right) who was appointed by Democratic Gov. Bill Ritter
Additionally Justice Melissa Hart (left), who was appointed by Hickenlooper, a Democratic governor-turned-senator and Justice Richard L. Gabriel (right), another Hickenlooper appointee
Republican presidential candidate Vivek Ramaswamy volunteered to pull his name off Colorado’s March 5 Republican primary ballot in protest.
‘I pledge to *withdraw* from the Colorado GOP primary unless Trump is also allowed to be on the state’s ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley to do the same immediately – or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country,’ he posted Tuesday night on X.
CREW’s president and the plaintiffs cheered Tuesday’s decision.
‘The court’s decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office under Section 3 of the 14th Amendment based on his role in the January 6th attack on the Capitol, and that Secretary Griswold must keep him off of Colorado’s primary ballot. It is not only historic and justified, but is necessary to protect the future of democracy in our country,’ said CREW President Noah Bookbinder in a statement.
‘Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government. It has been an honor to represent the petitioners, and we look forward to ensuring that this vitally important ruling stands,’ Bookbinder added.
One of the plaintiffs, Norma Anderson, was the former Republican Colorado House and Senate leader.
‘My fellow plaintiffs and I brought this case to continue to protect the right to free and fair elections enshrined in our Constitution and to ensure Colorado Republican primary voters are only voting for eligible candidates. Today’s win does just that,’ she said in a statement.
‘Long before this lawsuit was filed, I had already read Section 3 of the 14th Amendment and concluded that it applied to Donald Trump, given his actions leading up to and on January 6th. I am proud to be a petitioner, and gratified that the Colorado Supreme Court arrived at the same conclusion we all did,’ she added.