The Colorado Supreme Court has disqualified former President Donald J. Trump from holding office again due to his engagement in insurrection with his actions leading up to the Jan. 6 2021 storming of the Capitol.
In its ruling on Tuesday, 19 December 2023, Colorado’s top Court was the first in the nation to find that Section 3 of the 14th Amendment which disqualifies people who engage in insurrection against the Constitution after taking an oath to support it applies to Mr. Trump.
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The ruling directs the Colorado Secretary of State to exclude Mr. Trump’s name from the State’s Republican primary ballot. But, the ruling does not address the general election.
“We do not reach these conclusions lightly,” a four-justice majority wrote, with three justices dissenting. “We are mindful of the magnitude and weight of the questions before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Mr. Trump’s campaign said that it would appeal the decision to the U.S. Supreme Court. The Colorado justices anticipated that likelihood by putting their ruling on hold at least until Jan. 4 2024; if Mr. Trump appeals before then, the hold will continue until the Supreme Court rules. And while Tuesday’s ruling applies only to one state, it could all but force the nation’s highest court to decide the question for all 50.
Recall that Trump’s supporters had stormed the Capitol on Jan.6, 2021, trying to stop the certification of the 2020 election, an action considered an insurrection.
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