The Colorado Supreme Court has voted to not allow former President Donald Trump on their presidential primary ballot next year.
The seven Colorado judges determined the Trump was ineligible for the White House. They cited the U.S. Constitution’s insurrection clause, which led to his removal from the ballot.
It’s the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
“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 in its 4-3 decision.
The ruling is stayed until Jan. 4, or until the U.S. Supreme Court makes a decision on the case.
Trump’s campaign is expected to appeal. It said in a statement it has “full confidence” that the U.S. Supreme Court would quickly side with the former president and “finally put an end to these un-American lawsuits.”
Trump’s camp also called the decision “completely flawed” and not surprising, noting the Colorado court is made up of Democratic-appointed justices.
But the court’s majority wrote in their decision that they did not reach the conclusions lightly.
“We are mindful of the magnitude and weight of the questions now before us,” the majority stated. “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 determination was reached after an earlier ruling after a lower Colorado court judge rejected the lawsuit.
That judge found Trump incited an insurrection after refusing to accept the 2020 presidential election results, but he could not be disqualified because it was not clear if the provision was meant to cover the commander in chief.
The court majority though, said it didn’t make sense that Section 3 stops “every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land.”
One of the three judges that voted to keep Trump on the Colorado primary ballot wrote on Tuesday, that questions surrounding the case were too complex to be determined at the state level, and the government cannot bar someone from holding office without due process.
“Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office,” Chief Justice Brian D. Boatright wrote.
To hear Tony Katz’s thoughts on the ruling in Colorado, click the link below.
