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Colorado Supreme Court bans Trump from state’s ballot under insurrection clause

21 February 2016: Republican Presidential candidate Donald Trump speaks to several thousand supporters at a rally in Atlanta, Georgia.

Colorado Supreme Court bans Trump from state’s ballot under insurrection clause

by Ebony Williams
December 19, 2023
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In a historic decision, the Colorado Supreme Court ruled that former President Donald Trump is ineligible to run for president under the 14th Amendment’s insurrection clause.

This groundbreaking move removes him from the state’s primary ballot and sets the stage for a showdown in the U.S. Supreme Court, with Trump’s fate in the 2024 race hanging in the balance.

The 4-3 decision, issued by a Democratic-appointed court, marks the first time Section 3 has been used to disqualify a presidential candidate. The majority found “substantial evidence” that Trump, through his pre-election claims of a rigged system and his inciting words on January 6th, engaged in an insurrection against the Constitution.

“Trump is disqualified from holding the office of president,” the court declared, rejecting a lower court’s ruling that kept him on the ballot on technical grounds. The justices acknowledged the weight of their decision, emphasizing their duty to uphold the law “without fear or favor.”

The Colorado case hinges on Section 3, intended to bar former Confederates from government after the Civil War. It prohibits those who swore an oath to the Constitution from engaging in insurrection and was rarely used since its enactment.

“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,” Trump campaign spokesman Steven Cheung said in a statement Tuesday night.

The plaintiffs, six Colorado voters, argued that applying the clause to the presidency is crucial, preventing any individual who engaged in insurrection from reaching the highest office.

With Trump’s political future hanging in the balance, the Colorado ruling leaves an indelible mark on the 2024 presidential race, injecting a potent dose of legal drama into an already heated campaign season.

Tags: politics

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