Landmark Colorado Ruling Places Courts at the Crux of Trump's Future in 2022
Colorado Supreme Court's historic decision on Trump's ineligibility for the state primary ballot signifies a major blow to his 2024 prospects, surpassing the impact of criminal indictments This groundbreaking ruling holds Trump accountable for his attempts to overturn the 2020 election
The decision by the Colorado Supreme Court that Donald Trump cannot be on the ballot for next year's state primary is a significant blow to the former president and represents a new level of accountability for his attempts to overturn the 2020 election. This decision poses a threat to his 2024 electoral prospects in a way that his four criminal indictments have not. While the 4-3 decision on Tuesday may not ultimately result in Trump's removal from the ballot in Colorado or any other state due to expected appeals, it signifies uncharted territory and raises the alarming possibility that a candidate from a major party could be disqualified from running for office.
It may be the final exclamation point to conclude a year of unprecedented events surrounding Trump, presenting new and potentially serious challenges to American democracy as the country heads into a tumultuous election year. The former president, known for embracing political chaos, is seen as posing these challenges. Trump has been increasingly using inflammatory rhetoric outside of the courtroom, even going as far as musing about being a dictator if he regains power next year, and launching attacks against his opponents that are reminiscent of Nazi propaganda. He repeated his incendiary comments about immigrants at an event in Iowa on Tuesday evening, pushing back against criticism from the Biden campaign and others who accused him of echoing Adolf Hitler.
Trump's statement about the current state of affairs in our country and his denial of reading Mein Kampf has led his critics to interpret the recent Colorado decision as a sign that the legal system is finally taking action against his attempts to overthrow the 2020 election and the Capitol attack on January 6, 2021.
Rep. Adam Schiff, a California Democrat who led the Houses first impeachment against Trump, commented "Accountability for inciting an insurrection. It's about time." However, the ruling on Tuesday could potentially boost Trump's chances of returning to the White House, energizing his supporters who believe the criminal cases against him are unfounded and a central reason for his reinstatement to power. Following each of his four criminal indictments this year, Trump's allies have fervently defended him, and they responded to the Colorado decision in a similar manner.
Rep. Elise Stefanik of New York, the third-ranking Republican in the House, stated that Democrats are illegally trying to remove President Trump from the 2024 ballot out of fear of his potential victory. Former New Jersey Gov. Chris Christie, a prominent anti-Trump Republican presidential candidate, also criticized the decision in Colorado, expressing concern about the impact on the country if Trump were to be barred from the ballot by a court.
The upcoming year could prove to be one of the most tumultuous in American legal history. The US Supreme Court will be tasked with determining Trump's eligibility for the presidency, as well as whether he is immune from prosecution for his actions to undermine the 2020 election.
CNN's Senior Supreme Court analyst Joan Biskupic emphasized the significant implications of the evening and highlighted the two major Trump election issues that are now heading to the court. She noted that the court will ultimately have to make decisions on both of these matters. The former president has been indicted four times, and may be facing criminal trials while campaigning against President Joe Biden and also possibly engaging in legal battles to return to the ballot.
In a recent poll conducted by The New York Times and Siena College, results showed a close race between Trump and Biden. Among registered voters, Trump had 46% and Biden had 44%. However, when focusing on likely voters, Biden led with 47% compared to Trump's 45%. Of note is Trump's lead among registered voters who did not participate in the 2020 election, a trend also seen in other recent polls, as noted by CNN's Ariel Edwards-Levy.
Impact of the unprecedented ruling
Prior to the ruling by the Colorado Supreme Court, previous court attempts to disqualify Trump from running for office had been unsuccessful. Even in Colorado, a trial judge ruled last month that although Trump had engaged in an insurrection, the "insurrectionist ban" in Section 3 of the 14th Amendment did not apply to the presidency.
However, the Colorado Supreme Court overturned this decision on Tuesday, setting a precedent for the possibility of Trump being removed from the 2024 ballot.
The majority of the state Supreme Court firmly stated that they had no trouble deciding that January 6 was indeed an insurrection. They determined that Trump was directly involved in the insurrection and that his messages to supporters prior to the Capitol attack could be seen as an incitement to fight, which the supporters acted upon. The four justices emphasized that reaching these conclusions was not a decision made lightly.
The majority of the court expressed awareness of the significance and importance of the current questions at hand. They emphasized their duty to impartially apply the law, regardless of public opinion on the decisions required by the law.
Disagreeing with the majority, the three dissenting justices raised concerns about due process, pointing out that Trump has not been convicted of any insurrection-related crime. Chief Justice Brian Boatright stated in his dissent that he does not believe Colorado election law was intended to determine whether a candidate participated in insurrection, and he would have dismissed the challenge to Trump's eligibility.
Trump is not facing charges of participating in an insurrection in the federal case against him brought earlier this year by special counsel Jack Smith. However, the charges related to January 6 involve many of the same actions mentioned by the majority of the Colorado courts on Tuesday night.
The trial date for Trump's federal election subversion case was originally set for March 4, 2024, but it is currently on hold as the DC US Circuit Court of Appeals deliberates on whether Trump is immune and can be tried. To expedite the appeals process, the special counsel has requested the US Supreme Court to intervene.
It is still uncertain whether the trial or any of the other criminal charges against Trump will be heard before the next Election Day. However, the special counsels' appeal to the US Supreme Court last week, and Trump's plan to appeal the Colorado decision to the nation's high court, indicates that the federal justices will almost certainly play a crucial role in both Trump's legal and electoral future next year.
"When Donald Trump was in office, every single case, from administration policy to his own business cases that came to the court, was highly contentious," Biskupic said. "These cases are particularly contentious because they will impact his election process."
