Colorado Supreme Court Removes Trump from 2024 Ballot
Unprecedented ruling cites the 14th Amendment’s “insurrectionist ban” as grounds for disqualification
In a groundbreaking decision, the Colorado Supreme Court has removed former President Donald Trump from the state’s 2024 presidential ballot. The court ruled that Trump is ineligible to run for president due to the 14th Amendment’s “insurrectionist ban.” This historic ruling, which is pending appeal to the US Supreme Court, has the potential to disrupt the 2024 presidential campaign. The court’s decision only applies to Colorado but could have far-reaching implications for the nation.
The Majority’s Rationale
The 4-3 ruling by the Colorado Supreme Court asserts that Trump’s actions leading up to and during the January 6th Capitol insurrection constituted overt and voluntary participation in an insurrection. The majority opinion states that Trump not only incited the insurrection but also continued to support it even as the siege on the Capitol was underway. The court concluded that the evidence presented during the trial established that Trump engaged in insurrection, making him ineligible for future office under the 14th Amendment.
Rejection of Free Speech Claims
The court also rejected Trump’s argument that his speech on January 6th was protected by the First Amendment. The majority opinion states that Trump’s speech, in which he called on his supporters to march to the Capitol, was not protected speech. The court’s decision underscores the distinction between protected political speech and speech that incites violence or insurrection.
The 14th Amendment’s Insurrectionist Ban
The 14th Amendment, ratified after the Civil War, prohibits officials who engage in insurrection from holding future office. While the amendment’s wording is vague and does not explicitly mention the presidency, the court determined that it applies to the presidency. This ruling marks only the third time the 14th Amendment has been applied since 1919, highlighting the significance of the court’s decision.
Political Implications and Response
The Colorado Supreme Court’s decision has significant implications for the 2024 presidential campaign. Colorado election officials have stated that the matter needs to be resolved by January 5th, the deadline to set the list of candidates for the GOP primary. The Trump campaign has vowed to swiftly appeal the decision to the US Supreme Court. Allies of the former president have expressed shock and criticism of the ruling, calling it a partisan attack and an attack on democracy.
Key Findings and Dissenting Opinion
The court’s ruling included several key findings, including that Colorado state law allows voters to challenge a candidate’s eligibility under the 14th Amendment’s insurrectionist ban. The court also affirmed that the ban applies to the presidency and that Trump engaged in the insurrection. However, Chief Justice Brian Boatright, one of the dissenting justices, argued that Colorado election law was not meant to decide whether a candidate engaged in insurrection and would have dismissed the challenge to Trump’s eligibility.
Conclusion: The Colorado Supreme Court’s decision to remove Donald Trump from the state’s 2024 ballot has sent shockwaves through the political landscape. While the ruling is pending appeal, it raises important questions about the application of the 14th Amendment’s insurrectionist ban and the limits of free speech. As the legal battle continues, the outcome will shape the future of Trump’s political career and may have lasting implications for the 2024 presidential campaign.