The Colorado Supreme Court ruled Tuesday that former President Donald Trump is disqualified from holding the presidency under the Constitution’s so-called insurrection clause and ordered the secretary of state to exclude his name from the state’s Republican presidential primary ballot.
The landmark decision from the divided Colorado Supreme Court that Trump cannot hold public office under the Civil War-era provision is unprecedented, and it marks the first time a court has found him to be ineligible to return to the White House due to his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol. Never before has a court determined that a presidential candidate is disqualified under the clause, Section 3 of the 14th Amendment.
The ruling does not apply outside of Colorado, and the state high court, whose justices were all appointed by Democratic governors, paused its decision until Jan. 4 — one day before the deadline for Colorado Secretary of State Jena Griswold to certify the candidates for the state’s March 5 primary.
We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot,” the court’s majority wrote in an unsigned opinion. “Therefore, the Secretary may not list President Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him.”
Lawsuits challenging Trump’s candidacy have been filed in more than 25 states ahead of the 2024 election, though the Colorado case brought on behalf of six voters marks the most immediate threat to his campaign. National polls show Trump atop the field of candidates vying for the Republican presidential nomination.
Trump will appeal the decision to the U.S. Supreme Court, a spokesman for his campaign said, setting up a high-stakes showdown over his eligibility to run just as voters in early states begin casting their ballots in the Republican primaries. In pausing its decision, the Colorado Supreme Court said that if review to the nation’s highest court is sought before Jan. 4, its stay will remain in place, and the secretary will be required to list Trump on the 2024 primary ballot until the U.S. Supreme Court rules.
“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,” Steve Cheung, spokesman for the Trump campaign, said in a statement. “We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”
The seven-member Colorado Supreme Court divided 4-3 on the ruling, with its majority reversing the trial court’s finding as to the scope of Section 3 to conclude that it encompasses the office of the presidency and one who has taken an oath as president.
“President Trump asks us to hold that Section Three disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,” the majority wrote. “Both results are inconsistent with the plain language and history of Section Three.”
In response to the decision, Griswold noted that the decision may be appealed and said she will “continue to follow court guidance on this important issue.”
Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, which brought the lawsuit in Colorado, praised the decision and said the group will work to ensure that it remains in place.
“The court’s decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office under Section 3 of the 14th Amendment based on his role in the January 6th attack on the Capitol, and that Secretary Griswold must keep him off of Colorado’s primary ballot. It is not only historic and justified, but is necessary to protect the future of democracy in our country,” he said in a statement.
