In a historic decision, the Colorado Supreme Court disqualified Donald Trump from appearing on the ballot in the state’s presidential primary, finding that he violated the 14th Amendment by engaging in the January 6th, 2021, insurrection. The state’s highest court declared that the former president was ineligible because of the Constitution’s insurrection clause and ordered him removed from the primary ballot. This unprecedented decision has nationwide implications and will most likely be taken up by the US Supreme Court –let’s get into the details.
Background
In a 4-3 decision, Colorado becomes the first state to disqualify Donald Trump from running in the 2024 presidential primary, deeming him unqualified to hold the highest office due to his participation in the January 6th attack on the Capitol. The Colorado Supreme Court based its decision on a “rarely used provision that bars insurrectionists from holding office.”
In the decision, a majority of the court disqualified him from holding “the office of President under Section Three of the Fourteenth Amendment to the United States Constitution.” The Court found that because Trump is disqualified from holding office, “under the Election Code for the Colorado Secretary of State [it would be a wrongful act] to list him as a candidate on the presidential primary ballot.”
The ruling, therefore, directs Colorado’s Secretary of State to exclude Trump’s name from the state’s Republican primary ballot –though the ruling does not address the general election. This means the decision only applies to Colorado’s March 5th Republican primary, but could also impact Trump’s position in the November 5th general election.
The Presidential Election, The Courts, and the Constitution
Section 3 of the 14th Amendment provides for the disqualification of those wishing to hold office if they have engaged in an insurrection against the Constitution after taking an oath to uphold it. It was implemented following the Civil War to prevent “members of the confederacy from holding office.”
According to the New York Times, the case centered on several legal questions: first, did the storming of the Capital on January 6th by Trump supporters constitute an insurrection? Second, if it was an insurrection, did Trump engage in insurrectionist activity by the messages he gave his supporters beforehand, during a speech the morning of, and from his Twitter posts during the attack? Third, do the courts have the authority to enforce Section 3 of the 14th Amendment without congressional action. Fourth and finally, does Section 3 even apply to the president?
In the Colorado district court ruling, the judge, Honorable Sarah B. Wallace, answered yes to all of the questions except the last one –finding that Section 3 did not apply to the presidency. On appeal, the Supreme Court disagreed, stating they did not place the same weight as the district court did “on the fact that the presidency is not specifically mentioned in Section 3…as it seems most likely that the presidency is not specifically included because it is so evidently an ‘office.'”
The Court summarized its ruling as follows: “President Trump is disqualified from holding [the] office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot.” The Court wrote that they didn’t come to this conclusion lightly and are “mindful of the magnitude and weight of the questions now before [them].”
Knowing that the case would likely be taken up by the Supreme Court and understanding its widespread legal implications, the Colorado High Court stayed its ruling until January 4th, 2024, subject to further appellate proceedings.
Unchartered Territory
This case marks the first in several similar legal lawsuits in other states surrounding whether former President Trump should be removed from primary ballots in the upcoming 2024 presidential election cycle. It is the first time a state’s high court concluded that Section 3 of the 14th Amendment applies to the office of the presidency and acts committed by a former president.
Citizens for Responsibility and Ethics (CREW) –a liberal Washington-based group initiated the lawsuit. CREW has launched similar lawsuits in several other states, including Minnesota and Michigan –both of those suits were dismissed on procedural grounds, with the one in Michigan being appealed and with the Supreme Court in Minnesota leaving the “door open for the former president to be disqualified from the general election ballot.”
If other states come to the same conclusion as the Colorado Supreme Court, it would make it very difficult for Trump to secure the Republican Nomination or go on to win the presidential election in November 2024. Other states that have pending lawsuits that haven’t progressed as far as the aforementioned suits in Colorado, Minnesota, and Michigan include Wisconsin, Oregon, Virginia, New Mexico, and New York, to name a few.
The Colorado ruling marks the first time a 14th Amendment challenge to Trump’s candidacy was successful, and the case will most likely be taken up by the US Supreme Court, which will have the final say.
National Implications
It’s almost certain that the Colorado case will head to the Supreme Court. Given the unchartered territory of legal questions and the fact that many state courts are grappling with the same issue –the highest court in the land will likely handle this case.
Because of the stay, the Colorado decision is paused until Trump appeals to the Supreme Court –which he has until January 4th to do. The decision will then remain paused until the Supreme Court announces whether it will take the case –and if it does –until it hands down a final judgment. Colorado’s Secretary of State, Jena Griswold, stated she would follow “whatever court decision is in place.”
The Colorado Supreme Court was sharply divided in its 4-3 decision, which serves as a microcosm of the greater political divide in the United States surrounding the possibility of a future Trump presidency. One of the dissenters argued that candidates should not be disqualified under the 14th Amendment unless convicted of insurrection –a federal crime. “Another justice raised due process concerns and said only Congress has the power to enforce the ban.”
Ultimately, the Colorado Court’s decision has created intense pressure for the Supreme Court to act –as a ruling will resolve this issue in all the states. Filing deadlines are approaching in other appeals to the Supreme Court concerning former President Trump as he faces federal election obstruction charges and the question of presidential immunity.
With the Supreme Court already under ethical scrutiny and the country politically torn over issues concerning abortion, immigration, and voting rights –now more than ever, it is crucial that courts and legislators uphold and determine the rule of law –a thread tying the country together in such a politically charged time.
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Sources:
https://www.washingtonpost.com/politics/2023/12/19/trump-off-colorado-ballot/
https://www.foxnews.com/politics/colorado-supreme-court-disqualifies-trump-2024-ballot
https://www.cpr.org/2023/12/19/colorado-supreme-court-disqualifies-trump-from-ballot/
https://time.com/6549383/donald-trump-banned-2024-ballot-colorado-supreme-court/
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