In a significant ruling handed down on Tuesday, the Colorado Supreme Court decided that former US President Donald Trump is incapable of holding the presidency, thereby barring him from appearing on the state’s Republican primary ballot for the 2024 presidential race. In this decision, the court overturned a previous district court ruling. Donald Trump has already communicated his intention to appeal this decision to the US Supreme Court.
The court based its decision on the interpretation of Section 3 of the US Constitution’s Fourteenth Amendment, which forbids individuals from holding any office, civil or military if they’ve engaged in insurrection or rebellion. Several Republican and unaffiliated electors previously contested Trump’s ability to appear on the ballot back in September.
However, the decision from the Colorado Supreme Court is not unanimous, with three justices dissenting from the majority’s findings. Despite this, the court has stayed its ruling until January 4, 2024, to allow time for an appeal to the US Supreme Court. At that point, the Colorado Secretary of State will finalize the state’s primary ballot—with or without Trump’s name on it.
In response to the ruling, Trump campaign spokesperson Steven Cheung stated, “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. 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.”
More information can be found in the detailed report by the University of Pittsburgh School of Law.