Wednesday, December 20, 2023

Colorado Supreme Court declares Trump ineligible for presidency

The ruling is the first time that Section 3 of the 14th Amendment has been successfully used to disqualify a candidate. Legal challenges are expected.



Godofredo A. Vásquez / AP
By AP via Scripps News
 Dec 19, 2023

The Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.

The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.

Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.

Trump’s attorneys had promised to appeal any disqualification immediately to the U.S. Supreme Court, which has the final say about constitutional matters.

"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," the Trump campaign said in a statement responding to the news.

"The Colorado Supreme Court has ruled that Donald Trump is barred from the Colorado ballot for inciting the January 6 insurrection and attempting to overturn the 2020 Presidential Election," Colorado Secretary of State Jena Griswold said in a statement. "This decision may be appealed. I will continue to follow court guidance on this important issue."

Colorado court disqualifies Trump from presidential primary ballot


Issued on: 20/12/2023 


01:24

Donald Trump is ineligible for the US presidency because of his involvement in the January 2021 assault on the Capitol, Colorado's supreme court ruled Tuesday, setting off a political earthquake that could upend next year's election. While there may be few consequences for Trump in Colorado since the state has been trending blue in the past few years, the ruling could embolden rights groups to lodge similar appeals in other states, FRANCE 24’s Wassim Cornet said.

Colorado secretary of state discusses ruling barring Trump from ballot

Secretary of State Jena Griswold said she would uphold the Colorado Supreme Court's decision to disqualify Trump from the state primary ballot.



Charlie Neibergall / AP
By Scripps News Staff
Dec 19, 2023


Colorado Secretary of State Jena Griswold joined Scripps News Tuesday to speak about Colorado's Supreme Court ruling disqualifying former President Donald Trump from the state's 2024 presidential primary ballot.

The state Supreme Court on Tuesday ruled that Trump was ineligible for the state's primary ballot because he violated the U.S. Constitution's insurrection clause.

Section 3 of the 14th Amendment reads that no person shall be elected president "who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same."

This is the first time in U.S. history that Section 3 of the 14th Amendment has been invoked in a presidential election.

The ruling is the first time that Section 3 of the 14th Amendment has been successfully used to disqualify a candidate. Legal challenges are expected.


Griswold said she would uphold the Colorado Supreme Court's decision



"I of course will follow whatever court decision is in place, and believe that the court's decision was right," Griswold told Scripps News in an interview. "Donald Trump did incite the insurrection, and I don't think there should be a loophole in the United States Constitution for presidents who engage in rebellion."

"I didn't take any action to get this case moving," Griswold said. "Six Republican and unaffiliated voters filed the case before I took any action as secretary of state, and that's why it's in the court's hands to start with."


On what happens next:



"There is definitely the ability to appeal this case to the United States Supreme Court," Griswold said. "It's very likely that Trump's team does exactly that. Under state law, I certify the ballot on Jan. 5. Of course a court can issue orders, the court could also act very quickly. We'll just stay tuned and hold tight as the court decides how and if they even want to engage in this case."


Did what we saw on Jan. 6 rise to the level of insurrection against the U.S.?


"I believe that Jan. 6 was an insurrection, and I'll go even further in saying that Trump incited it," Griswold said. "Look, the former president not only incited this angry insurrection on the United States Capitol, some of whom were intent on hanging the Vice President of the United States to stop the peaceful transfer of power — he then engaged in months of trying to continue to steal the 2020 presidency from the American people. So the wording of Section 3 of the 14th Amendment is clear: It says that any person that swears to uphold the Constitution, and then engages in insurrection or rebellion, subsequently cannot hold office. The Colorado Supreme Court has acted. Trump is disqualified in the state of Colorado from being in the presidential primary unless and until the United States Supreme Court decides to act otherwise."

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