In a landmark decision on Tuesday, December 19, the Colorado Supreme Court voted 4-3 to exclude former President Donald Trump from the state’s 2024 presidential ballot. The ruling was based on the 14th Amendment’s “insurrectionist ban,” citing Trump’s alleged role in the Capitol riot on January 6, 2023, as grounds for his ineligibility.
CNN’s report outlined the court’s majority opinion, composed entirely of justices appointed by Democratic governors. The justices asserted that Trump not only incited the insurrection but actively supported it as it unfolded. Specifically, they highlighted his calls for then-Vice President Mike Pence to shirk constitutional duties and his attempts to persuade senators to halt the electoral vote count.
The court characterized Trump’s actions as “overt, voluntary, and direct participation in the insurrection,” a stance that marks a significant legal setback for the former president.
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The ruling, currently applicable only in Colorado, awaits the possibility of an appeal to the U.S. Supreme Court, with a temporary hold in effect until January 4.
This decision has triggered a cascade of reactions from both allies and opponents of Trump, setting the stage for a potential legal battle that may reach the highest echelons of the nation’s judicial system.
Trump’s legal team swiftly condemned the ruling, expressing intent to file an appeal and seeking a stay on its enforcement. Steven Cheung, the former president’s campaign spokesperson, denounced the decision as “deeply undemocratic” and expressed confidence in a favorable outcome from the U.S. Supreme Court.
House Speaker Mike Johnson, an ally of Trump, criticized the decision as a “reckless” partisan attack, adding fuel to the escalating political firestorm.
The Colorado Supreme Court’s dismissal of Trump’s free speech claims adds another layer to the unfolding drama, emphasizing that his January 6 speech is not protected by the First Amendment.
The 14th Amendment, ratified after the Civil War, prohibits officials engaged in insurrection from holding future office. Its application to the presidency remains contentious, having been invoked only twice since 1919.
In reaction to the ruling, Trump’s campaign circulated a fundraising email, framing the decision as election interference. Notably, the former president, a leading contender for the 2024 Republican nomination, faces similar legal challenges in other states, including a pending appeal in Michigan where he previously emerged victorious.
As the legal battle continues to unfold, the consequences of the Colorado Supreme Court’s decision may reverberate beyond state borders, shaping the trajectory of the 2024 presidential campaign and influencing the interpretation of the 14th Amendment in the context of insurrection.
