The Colorado Supreme Court has removed former president Donald Trump from the state’s ballot under the US Constitution’s insurrection clause. Image: Gage Skidmore
The Colorado Supreme Court has removed former US president Donald Trump from the state’s ballot, declaring him to be ineligible for office under the US Constitution’s insurrection clause.
The decision will be debated further in the US Supreme Court to determine if the ruling will be carried out over other jurisdictions and exempt Trump from the Presidential race.
The ruling relates to Trump’s role in the US Capitol insurrection on January 6, 2021.
It is the first time in history that Section 3 of the 14th Amendment has been used to disqualify a person from presidential candidacy.
The amendment was originally written to disqualify former Confederates to return to government following the US Civil War, and has rarely been used since the Civil War era.
It bars from office any individual who swore an oath to support the Constitution and then “engaged in insurrection or rebellion” against it.
This isn’t the first time a lawsuit has been filed against Trump under Section 3 – but it is the first time one has been successful.
The justices of the Colorado Supreme Court, all appointed by Democratic governors, voted 4-3 in favour of the decision.
“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 of the decision.
“We do not reach these conclusions lightly. 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 favour, and without being swayed by public reaction to the decisions that the law mandates we reach.”
If Colorado were the only state to exclude Trump from the ballot, the former president would still have a chance to win the 2024 election.
However, the danger for Trump is that other courts will follow the precedent set by Colorado and rule against his participation in the presidential race.
Donald Trump’s attorney has vowed to appeal any disqualifications to the US Supreme Court without delay.
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” said Trump campaign spokesman Steven Cheung on Tuesday night.
This decision comes only days after Trump was widely criticised for a campaign speech where he took a harsh anti-immigration stance, using language and sentiments reminiscent of fascist governments.
Trump said that undocumented immigration was “poisoning the blood of our country” and vowed that, if elected, he would begin “the largest deportation operation in American history.”
It remains to be seen whether the US Supreme Court will uphold the ruling made in Colorado.
The 2024 US presidential election is scheduled to take place on November 5.
