December 19, 2023
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In a bombshell ruling on Tuesday, Colorado's Supreme Court ruled that former President Donald Trump's name on their state's primary ballot is prohibited on constitutional grounds.
"A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution," the ruling reads. "Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”
The execution of the court’s decision is on hold until Jan. 4 to allow a further appeal.
The unique ruling stems from a lawsuit that focused a little-known provision in the 14th Amendment of the U.S. Constitution. Other state courts - namely, Arizona, Michigan, Minnesota - have ruled otherwise on the same insurrection argument.
The Colorado's high court decision reverses a lower court’s ruling that found that Trump had engaged in insurrection by inciting a riot on Jan. 6, 2021, and added, that presidents were not subject to Section 3 of the 14th Amendment because they are not an “officer of the United States.”
The Colorado Supreme Court agreed that Trump had engaged in insurrection, but rejected the lower court's finding that the president is not an officer of the country that elected him.
Section 3 of the U.S. Constitution’s 14th Amendment states: “No person shall ... hold any office, civil or military, under the United States ... who, having previously taken an oath ... as an officer of the United States, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Trump’s campaign or Trump personally is likely to appeal Tuesday’s Colorado decision to the U.S. Supreme Court.
Courts have ruled against similar efforts to get Trump banned from the ballot in Arizona, Michigan, and Minnesota.
The plaintiffs challenging Trump’s eligibility in Michigan filed an appeal on Monday to Michigan’s highest state court.
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Christine Dolan is a seasoned Investigative Journalist television producer, author and photographer. She is Co-Founder of American Conversations whose format focuses on in-depth analysis of critical issues about the story behind the headlines.
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