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In a decision with far-reaching implications, the highest court in Colorado has declared that Donald Trump is not allowed to seek office again due to his involvement in the January 6, 2021, attack on the United States Capitol by his supporters.
This verdict on Tuesday marks Trump as the first presidential candidate in U.S. history to be declared unfit for the presidency under a seldom-invoked provision of the Constitution. This provision prohibits officials who have participated in "insurrection or rebellion" against the Constitution after pledging to protect it.
The spokesperson for Trump's campaign criticized the decision as "flawed" and assured a prompt appeal to the United States Supreme Court.
Let's delve further into the details of the ruling and understand its potential implications for Trump's prospective 2024 presidential campaign.
A judge in the lower court of the state had earlier determined that Trump's actions on January 6, 2021, constituted insurrection. However, the judge refrained from disqualifying him, asserting that Section 3 does not extend to presidents.
The Colorado Supreme Court has temporarily halted its own decision, awaiting a review by the U.S. Supreme Court.
The decision resonated with advocacy groups and activists who have been urging for Trump's disqualification from the presidential race due to his role in the January 6, 2021, Capitol attack.
Several lawsuits have been initiated in various U.S. states with the aim of preventing Trump from running for president within those jurisdictions. Comparable legal actions faced dismissal in Michigan, Florida, and New Hampshire by the courts. The Minnesota Supreme Court also turned down a disqualification case.
Nevertheless, this decision holds the potential to impact other states, encouraging them to consider similar rulings, especially in competitive states crucial for Trump's electoral success.
What happened on January 6, 2021?
On January 6, 2021, a group of Trump supporters forcefully entered the US Capitol in an attempt to hinder Congress from certifying Joe Biden's election win. This occurred following Trump's premature declaration of victory and claims of voter fraud. In a speech on the day of the riot, Trump encouraged his supporters to march on the Capitol. A committee in the US Congress later determined that Trump bore responsibility for the events at the Capitol.
Can Trump still run for presidency and what does it mean for the 2024 election?
What does Section 3 of the 14th Amendment say?
Even if the Supreme Court upholds the ruling, its impact on the November 2024 election outcome may be limited since Trump doesn't necessarily need to secure Colorado, which tends to lean Democratic.
Colorado contributes nine out of the 270 electoral votes needed to clinch the presidency. In the 2020 election, Biden won the state by over 13 percentage points.
However, comparable legal challenges might emerge in competitive states crucial for Trump's victory. While those courts won't be bound by the Colorado decision, judges are likely to closely examine it while forming their own conclusions.
How did Trump and Republicans react to Colorado’s ruling?
The court decision was labeled as "undemocratic" by Trump's campaign. Trump and his allies characterize disqualification cases in Colorado and other states as components of a conspiracy orchestrated by his political rivals to prevent him from holding office.
The decision from the Colorado Supreme Court tonight is deeply flawed, and we are quickly moving to file an appeal with the United States Supreme Court," stated a spokesperson for the campaign.
Steven Cheung, a spokesperson for the campaign, asserted that the all-Democrat appointed panel in Colorado was carrying out the agenda of a "[George] Soros-funded, left-wing group's plot to meddle in an election on behalf of Crooked Joe Biden."
Despite Trump's absence from Republican debates, he continues to hold a leading position in the polls. Cheung added, "Democrat Party leaders are exhibiting a sense of paranoia over the substantial and commanding lead President Trump has secured in the polls.
Despite their frustrations with Trump, Republican leaders in the US united to denounce the ruling as undemocratic, advocating for its appeal on X. This coalition included Florida Governor Ron DeSantis, who is vying against Trump for the 2024 Republican nomination. DeSantis stated that the US Supreme Court "should reverse" the Colorado ruling.
On X, he expressed, "The Left invokes 'democracy' to justify its use of power, even if it means abusing judicial power to remove a candidate from the ballot based on spurious legal grounds."
What’s next?
The Colorado Supreme Court has decided to temporarily suspend the ruling until January 4, or until a review by the US Supreme Court, which Trump has promptly announced he will seek. Colorado officials stress the need for resolution by January 5, coinciding with the state's presidential primary ballot printing.
The Supreme Court's stance remains uncertain, but it is currently dominated by a conservative majority, including three Trump appointees, some of whom have long held reservations about granting courts powers not clearly rooted in legislation.
This concern weighed heavily on the dissenting justices in the 4-3 Colorado decision, who contended that the majority's ruling would deprive Trump of one of his fundamental rights without sufficient due process.
Even if we are convinced that a candidate has committed egregious acts in the past – let's say, participated in insurrection – there must be a fair procedural due process before declaring that individual disqualified from holding public office," emphasized Justice Carlos Samour Jr.
They pointed out that Trump has not been formally convicted of insurrection by a jury and was not granted the right to subpoena records or compel witnesses to testify in the case, among other fundamental rights typically afforded to criminal defendants.
What is the status of other cases against Trump?
The latest ruling contributes to the legal challenges facing the former president. A federal judge in the US designated March 4, 2024, as the date for his trial on election subversion conspiracy—an announcement swiftly criticized by Trump himself as "election interference."
This date falls on the eve of the widely significant "Super Tuesday," a crucial day in the primaries where voters in over a dozen states, including populous ones like California and Texas, participate. Colorado is also on that list, raising questions about Trump's presence on the ballot.
Trump pointed out the timing, remarking that it seemed to align with what he characterized as the desires of a "corrupt government."
Following that, a mere three weeks later on March 25, Trump is scheduled for another court appearance—this time in New York, where he faces charges related to alleged hush money payments made to the adult film actress Stormy Daniels.
Then, on May 20, 2024, attention will shift to Florida, where the third case against the former president is set to commence, focusing on his purported mishandling of classified documents after leaving office.
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