Colorado Supreme Court's 14th Amendment Ruling Removes Trump from 2024 Ballot Over 'Insurrectionist Ban'
Colorado Supreme Court disqualifies Trump from 2024 ballot, citing 14th Amendment's 'insurrectionist ban' Trump campaign vows immediate appeal
The Colorado Supreme Court shocked everyone with an unprecedented decision, removing former President Donald Trump from the 2024 ballot. They ruled that he is ineligible to be a presidential candidate due to the 14th Amendment's "insurrectionist ban." The decision was made by a narrow 4-3 margin.
The ruling will be temporarily suspended until January 4, as Trump appeals to the US Supreme Court, potentially resolving the issue nationally. While the state Supreme Court ruling only affects Colorado, its historical significance will have an impact on the 2024 presidential campaign. Colorado election officials have emphasized the need to reach a resolution by January 5, the statutory deadline for finalizing the list of GOP primary candidates for the March 5 election.
"President Trump did not only encourage the insurrection," the majority stated in its unsigned opinion. "Even while the Capitol was under attack, he actively endorsed it by continuously urging Vice President (Mike) Pence to ignore his constitutional duty and by reaching out to Senators to convince them to halt the electoral vote count. These actions represented open, deliberate, and direct involvement in the insurrection."
Former President Donald Trump speaks at a campaign event in Ankeny, Iowa, on December 2, 2023.
Scott Olson/Getty Images
Trump is trying out a new ground game strategy in Iowa. The evidence presented at the trial, which was mostly undisputed, showed that President Trump participated in insurrection. The opinion states that Trump's direct and explicit efforts over the course of several months, urging his supporters to march to the Capitol to prevent what he falsely claimed as fraud, were overt and voluntary.
Furthermore, the court dismissed Trump's assertion of free speech, stating: "President Trump's statements on January 6 were not shielded by the First Amendment."
Adopted after the Civil War, the 14th Amendment prohibits officials who swear to uphold the Constitution from holding future positions if they "engaged in insurrection." However, the language is ambiguous as it does not specifically mention the presidency, and has only been enforced twice since 1919.
Trump campaign vows to swiftly appeal
The Colorado Supreme Court is comprised of justices who were all appointed by Democratic governors. Six out of the seven justices have successfully won statewide retention elections to continue serving on the bench. The seventh justice was appointed in 2021 and has not yet been subjected to a voter election.
The Trump campaign plans to quickly appeal the Colorado Supreme Court's decision, which they have deemed flawed and undemocratic. Campaign spokesperson Steven Cheung expressed confidence that the US Supreme Court will rule in their favor and put an end to what they consider un-American lawsuits.
Trump has denied any wrongdoing related to January 6 and has criticized the lawsuits filed under the 14th Amendment as a misuse of the legal system. He is facing federal and state charges for his efforts to overturn the 2020 election and has entered a plea of not guilty.
This decision comes as a similar appeal is still pending in Michigan, where Trump has also emerged victorious. He has successfully defended against 14th Amendment challenges in multiple important states, while those challenging him have vowed to continue pursuing legal action even if he wins the 2024 presidential election.
Key findings
The court issued several key findings in its sweeping decision:
Colorado state law permits voters to contest Trump's eligibility based on the federal constitution's "insurrectionist ban." Colorado courts have the authority to enforce the ban without requiring any action from Congress.
⢠The insurrectionist ban applies to the presidency.
⢠The January 6, 2021, attack on the US Capitol was an insurrection.
⢠Trump "engaged in" the insurrection.
⢠Trumps speech "inciting the crowd" on January 6 was "not protected by the First Amendment."
Chief Justice Brian Boatright, one of the three dissenting judges on the seven-member court, stated that he believes the Colorado election law "was not meant to determine whether a candidate engaged in insurrection," and indicated that he would have dismissed the challenge to Trump's eligibility.
"I would maintain that, in the absence of a conviction related to insurrection, a request to disqualify a candidate under Section Three of the Fourteenth Amendment is not a valid basis for action under Colorado's election code," he explained.
A lawsuit was filed by a group of Republican and independent voters, in collaboration with the government watchdog group Citizens for Responsibility and Ethics in Washington. Following a weeklong trial, a district judge made a ruling in November that labeled Trump as an insurrectionist, while also stating that the presidency is exempt from the vague ban in the 14th Amendment.
Oral arguments were heard by the Colorado Supreme Court earlier this month, during which the justices appeared divided. Some questions suggested they were open to the idea that the ban applies to Trump, while at other times, there was uncertainty whether the trial court had jurisdiction to adjudicate the matter in the first place.
CNNs Alayna Tree contributed to this report.
This story is breaking and will be updated.
