The Colorado Supreme Court decided on Tuesday to exclude former President Donald Trump from the 2024 election list under the Fourteenth Amendment – but the decision may not have immediate effects until the arrival of the state’s primary elections, as the U.S. Supreme Court is sure to discuss the matter and the decision will be stayed until then.
Key Facts
The Colorado Supreme Court ruled by a 4-3 majority to exclude Trump from candidacy under Section 3 of the Fourteenth Amendment, which prohibits individuals who have taken an oath of office and engaged in “insurrection or rebellion against the United States, or given aid or comfort to its enemies” from holding public office.
The court, which consists entirely of Democratic appointees, found that Trump “participated in” insurrection by inciting the rioters who stormed the Capitol on January 6, 2021, thereby disqualifying him under the Fourteenth Amendment and meaning that Colorado’s Secretary of State should not include him on the ballot.
However, Trump will not be immediately excluded from the ballot: the decision will not take effect until January 4, 2024, allowing time for Trump to appeal to the U.S. Supreme Court.
The justices noted that if Trump appeals their decision, the ruling will remain stayed until the U.S. Supreme Court issues a ruling, specifying that the primary elections should continue with Trump on the ballot for now.
State officials in Colorado had set a deadline of January 5 for printing the primary election ballots, so unless Trump withdraws the appeal, or the U.S. Supreme Court declines to hear the case or agrees with the Colorado Supreme Court before then, Trump will appear on the state ballot.
Attorneys for the former president have stated their intent to appeal the case to the U.S. Supreme Court, but it remains unclear when they will do so or how long the court will take to consider the matter, especially with the holidays approaching.
Major Critics
Trump vehemently opposed the Colorado Supreme Court’s decision, stating on Wednesday that it was “a sad day in America!!!” Campaign spokesperson Stephen Chong pledged that the campaign would appeal the court’s ruling and described it as “a completely flawed decision.” Chong said, “We are fully confident that the U.S. Supreme Court will issue a swift ruling in our favor and put an end to these un-American lawsuits.”
What to Watch For
The presidential elections in Colorado are scheduled for March 5, 2024. Even if Trump does not appear on the ballot in that state for the primary elections, the former president can still win the presidential nomination, and he is widely expected to lose the general election in Colorado regardless of whether he appears on the ballot, as occurred in 2016 and 2020. The Colorado Supreme Court’s decision only affects that state, so unless the U.S. Supreme Court issues a comprehensive ruling on whether Trump is eligible to run under the Fourteenth Amendment or another court in another state rules against him, the former president will remain on the ballot in all other states for the 2024 primary elections.
What We Don’t Know
It remains unclear whether the U.S. Supreme Court will decide to hear the case, although legal experts generally expected that the Supreme Court would intervene on the matter of the Fourteenth Amendment ahead of the Colorado ruling. Anthony Michael Kreis, a law professor at Georgia State University, told the New York Times on Tuesday, “It’s hard for me to see how they wouldn’t take this up because this definitely seems like one of those questions that requires some national resolution.” It is also still unknown how the court will rule on the Fourteenth Amendment issue, although the conservative 6-3 court may be inclined to maintain peace by allowing Trump to run. Ty Cobb, a former White House attorney for Trump who later became more critical of the former president, said in an interview with CNN on Tuesday, “I think it could be a 9-0 ruling in the Supreme Court in favor of Trump.”
Background
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The Colorado Supreme Court’s decision is part of a series of recent rulings and legal challenges regarding Trump’s qualifications under the Fourteenth Amendment, though it is the first to rule in favor of disqualifying Trump. The idea that Trump could be disqualified as a “rebel” has gained traction on the left in recent months as the 2024 presidential election approaches – although some conservative scholars have also expressed support for the legal theory. Lawsuits have been filed in over 30 states, according to a tracker compiled by Lawfare, but courts have already dismissed challenges in states such as Florida, Michigan, and Minnesota. Earlier, a lower court in Colorado also sided with Trump regarding the Fourteenth Amendment issue initially, deciding in November that although Trump incited rebellion on January 6, he cannot be barred from holding office under the Fourteenth Amendment. This prompted leftist ethics watchdogs Citizens for Responsibility and Ethics in Washington (CREW), who brought the lawsuit, to appeal the case to the Colorado Supreme Court.
Further Reading
Trump disqualified from the ballot in Colorado under the Fourteenth Amendment (Forbes)
Tracking Trump disqualification challenges under Section 3 of the Fourteenth Amendment (Lawfare)
Can Trump be disqualified from the presidency? Why even conservative legal experts support it (Forbes)
Trump’s Republican rivals claim his disqualification from the ballot in Colorado is a “war on democracy” (Forbes)
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