Colorado’s Supreme Court has decided that Donald Trump cannot run for president in the state next year. The court, in a 4-3 ruling, cited a constitutional insurrection clause, stating that Trump was ineligible due to his involvement in the US Capitol riot nearly three years ago. While this ruling specifically applies to Colorado’s primary election on March 5, it could impact the general election in the state next November.
This decision marks the first use of Section 3 of the 14th Amendment to disqualify a presidential candidate. The court’s decision is on hold pending appeal until next month. It solely affects Colorado, and attempts in other states, such as New Hampshire, Minnesota, and Michigan, to remove Trump from the ballot have failed.
The ruling overturns a previous decision by a Colorado judge, who believed the insurrection ban in the 14th Amendment did not apply to presidents. The lower court judge also found that Trump had participated in the Capitol riot on January 6, 2021.
The Colorado Supreme Court’s decision becomes effective on January 4, 2024, on the eve of the state’s deadline to print presidential primary ballots. Trump’s campaign plans to appeal to the US Supreme Court, criticizing the decision as “completely flawed” and accusing Democratic-appointed justices of bias.
Democrats see the decision as supporting their argument that the Capitol riot was an attempted insurrection. Republicans, including House Speaker Mike Johnson, condemn the ruling as a “thinly veiled partisan attack,” asserting that voters should not be denied the right to support Trump.
On the legal front, Trump’s team intends to swiftly file an appeal to the US Supreme Court, where conservatives hold a majority. Trump, currently facing four criminal cases, did not directly address the ruling at a recent campaign event in Iowa, but his campaign described it as a threat to democracy.