DENVER, USA – In a landmark decision, the Colorado Supreme Court ruled on Tuesday that former President Donald J. Trump is disqualified from holding future office due to his actions related to the January 6 storming of the Capitol.
This groundbreaking ruling, delivered on Wednesday, December 20, 2023, asserts that Trump engaged in insurrection, invoking Section 3 of the 14th Amendment, which disqualifies individuals from office for such acts.
This ruling is the first of its kind in the United States to apply Section 3 of the 14th Amendment to Mr. Trump, a point his opponents have argued nationwide.
The Colorado Supreme Court’s decision orders the state’s secretary of state to exclude Trump’s name from Colorado’s Republican primary ballot, though it does not address the general election.
“We do not reach these conclusions lightly,” wrote the four-justice majority, acknowledging the gravity and unprecedented nature of their decision. The ruling was met with a dissent from three justices, emphasizing the contentious nature of the case.
Trump’s campaign responded swiftly, announcing plans to appeal the decision to the U.S. Supreme Court.
The Colorado justices have put their ruling on hold until January 4, extending this hold if Trump appeals before then, pending the Supreme Court’s decision. This case, while specific to Colorado, could compel the U.S. Supreme Court to address this constitutional question on a national scale.
Legal experts see the high likelihood of the Supreme Court taking up this case, given its potential national implications. Anthony Michael Kreis, a law professor at Georgia State University, noted the necessity for national resolution on this matter.
The Colorado ruling adds to a series of Trump-related cases before the Supreme Court, including issues related to his immunity from prosecution and an obstruction charge central to his federal January 6 case.
The U.S. Supreme Court, with its 6-to-3 conservative majority, faces significant political pressure and scrutiny, intensified by this case’s high stakes and its potential impact on the 2024 presidential election. Richard L. Hasen, an election law expert, compared the situation’s gravity to Bush v. Gore, but with the added complexity of current political instability in the United States.
The Colorado court’s decision reversed a Denver district judge’s earlier finding, affirming that Trump’s actions constituted insurrection and that courts have the authority to enforce Section 3 against individuals not specifically designated by Congress.
