Donald Trump banned from Colorado ballot in historic ruling by state鈥檚 Supreme Court
Dec 20, 2023, 6:30 AM
FILE - President Donald Trump speaks after stepping off Marine One on the South Lawn of the White House, March 24, 2019, in Washington. Federal prosecutors and lawyers for Donald Trump have signaled their desire to invoke the 2016 election in the former president's trial on charges of scheming to overturn the results of the 2020 presidential election. (AP Photo/Alex Brandon, File)
Credit: ASSOCIATED PRESS
(AP Photo/Alex Brandon, File)
DENVER (AP) 鈥� A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution鈥檚 insurrection clause and removed him from the state鈥檚 presidential primary ballot, setting up a likely showdown in the nation鈥檚 highest court to decide whether the front-runner for the GOP nomination can remain in the race.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that聽聽has been used to disqualify a presidential candidate.
鈥淎 majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,鈥� the court wrote in its 4-3 decision.
Colorado鈥檚 highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
Key points
- The 4-3 decision was made by the Colorado Supreme Court, whose justices were all appointed by Democratic governors.
- It is the first time in history that聽聽has been used to disqualify a presidential candidate.
- Trump鈥檚 attorneys had promised to appeal to the nation鈥檚 highest court, which may eventually decide if聽.
The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case. Colorado officials say the issue must be settled by Jan. 5, the deadline for the state to print its presidential primary ballots.
鈥淲e do not reach these conclusions lightly,鈥� wrote the court鈥檚 majority. 鈥淲e 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 favor, and without being swayed by public reaction to the decisions that the law mandates we reach.鈥�
Trump鈥檚 attorneys had promised to appeal any disqualification immediately to the nation鈥檚 highest court, which has the final say about constitutional matters.
Trump鈥檚 legal spokeswoman Alina Habba said in a statement Tuesday night: 鈥淭his ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation鈥檚 democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.鈥�
Trump didn鈥檛 mention the decision during a rally Tuesday evening in Waterloo, Iowa, but his campaign sent out a fundraising email citing what it called a 鈥渢yrannical ruling.鈥�
Republican National Committee chairwoman Ronna McDaniel labeled the decision 鈥淓lection interference鈥� and said the RNC鈥檚 legal team intends to help Trump fight the ruling.
Trump lost Colorado by 13 percentage points in 2020 and doesn鈥檛 need the state to win next year鈥檚 presidential election. But the danger for the former president is that more courts and election officials will follow Colorado鈥檚 lead and exclude Trump from must-win states.
