Colorado Supreme Court Historically Disqualifies Trump From State’s Primary Ballot Under 14th Amendment

The Colorado Supreme Court made history by being the first in the country to invalidate a presidential candidate under Section 3 of the 14th Amendment. Tuesday saw the removal of former President Donald Trump from the state's presidential primary ballot and the declaration that he was ineligible for the White House under the insurrection clause of the United States Constitution. As per APNews, for the first time in history, the ruling comes from a court whose justices were all chosen by Democratic governors. “A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the Colorado court mentioned in its 4-3 decision. 

Trump after receiving the major blow reacted on his Truth Social account with a Fox News video and captioned it, "Election Interference!" According to the verdict, Trump's name will not be listed on the Colorado Republican primary ballot, reports The NYTimes. “We do not reach these conclusions lightly,” three justices dissented from the writing of the four-justice majority. “We are mindful of the magnitude and weight of the questions now before us. 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.”

Justice William W. Hood, Melissa Hart, Monica Márquez, and Richard L. Gabriel of the Colorado Supreme Court decided in favor of the petitioners. Chief Justice Brian D. Boatright dissented, claiming that a state hearing was insufficient to resolve the constitutional issues because they were too complicated. Carlos Samour and Maria E. Berkenkotter, two justices, also dissented. 

The Trump team declared right away that it would file an appeal with the US Supreme Court over the ruling. The Colorado justices foresaw this possibility and postponed their decision until at least January 4. Should the Republican leader file an appeal before then, the postponement will last until the Supreme Court makes a decision. Even though the decision from Tuesday only affects one state, it may virtually compel the highest court in the country to rule on the issue for all 50. 

Trump’s legal spokeswoman Alina Habba condemned the ruling while issuing an official statement: “This ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation’s democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.”  

In an attempt to disqualify Trump under Section 3, which was created to prevent former Confederates from entering politics after the Civil War, dozens of cases have been filed across the country. It has been in effect since the decade following the Civil War and prohibits the removal from office of anyone who took an oath to "support" the Constitution and subsequently "engaged in insurrection or rebellion" against it. “I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a law professor from Notre Dame, stated after Tuesday’s ruling. “This is a major threat to Trump’s candidacy.”