- The Colorado Supreme Court ruled that former President Donald Trump is ‘disqualified’ from serving as president under the 14th Amendment
- Section 3 of the 14th Amendment bars officials from seeking future office should they have ‘engaged in insurrection’
- The decision may not stick – and Trump plans to appeal it to the Supreme Court
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, 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.
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
The 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.
Tuesday’s ruling will be placed on hold pending an appeal until January 4.
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.
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,’ saying 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 are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression,’ among others.
Cheung said the decision was a product of an ‘all-Democrat appointed’ court and 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 in a statement.
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.