Colorado Supreme Court disqualifies Trump from holding office

The lawsuit is viewed as a test case for a wider effort to disqualify Mr Trump from state ballots under section 3 of the 14th Amendment, which was enacted after the US Civil War to keep supporters of the confederacy from serving in the government.

The Colorado court concluded that the US Constitution bars Mr Trump, the frontrunner for the Republican nomination in 2024, from appearing on the ballot because of his role instigating violence at the Capitol as legislators met to certify the results of the 2020 election. The court’s majority acknowledged the decision was “uncharted territory”.

“We do not reach these conclusions lightly,” the majority justices wrote. “We 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 favour, and without being swayed by public reaction to the decisions that the law mandates we reach.”

Mr Trump’s campaign called the court decision “undemocratic”.

“The Colorado Supreme Court issued a completely flawed decision tonight, and we will swiftly file an appeal to the United States Supreme Court,” a spokesman from the Trump campaign said.

Mr Trump himself, who has routinely railed against unfavourable rulings, did not explicitly mention the Colorado Supreme Court decision in a speech on Tuesday evening in Waterloo, Iowa – but his campaign was already fundraising off it.

An email to his supporters accused Democrats of trying to “nullify” Trump votes and asked for contributions to help defend his place on ballots.

The decision reverses a ruling by a lower court judge who found Mr Trump engaged in insurrection by inciting his supporters to violence, but concluded that, as president, Mr Trump was not an “officer of the United States” who could be disqualified under the amendment.

‘Future of democracy’

The Biden campaign declined to comment.

The case was brought by a group of Colorado voters, aided by the advocacy group Citizens for Responsibility and Ethics in Washington (CREW), who argued that Mr Trump should be disqualified for inciting his supporters to attack the Capitol in a failed attempt to obstruct the transfer of presidential power to Mr Biden after the 2020 election.

CREW president Noah Bookbinder said in a statement that the court’s decision was “not only historic and justified, but is necessary to protect the future of democracy in our country”.

Courts have rejected several lawsuits seeking to keep Mr Trump off the primary ballot in other states. Minnesota’s top court rebuffed an effort to disqualify Mr Trump from the Republican primary in that state, but did not rule on his overall eligibility to serve as president.

Some advocates had hoped the Colorado case would boost the overall disqualification effort and potentially put the issue before the US Supreme Court.

Mr Trump’s campaign has condemned 14th Amendment challenges as an attempt to deny millions of voters their preferred choice for president.

Mr Trump’s lawyers argued that his speech to supporters on the day of the riot was protected by his right to free speech, adding that the constitutional amendment does not apply to US presidents and that Congress would need to vote to disqualify a candidate.

Three Colorado Supreme Court justices dissented from Tuesday’s ruling.

One of the dissenting justices, Carlos Samour, said in a lengthy opinion that a lawsuit was not a fair mechanism for determining Mr Trump’s eligibility for the ballot because it deprived him of his right to due process, noting that a jury had not convicted him of insurrection.

“Even if we are convinced that a candidate committed horrible acts in the past – dare I say, engaged in insurrection – there must be procedural due process before we can declare that individual disqualified from holding public office,” Justice Samour said.

Reuters