In a significant ruling, the Colorado Supreme Court has declared former U.S. president Donald Trump ineligible for the presidency under the U.S. Constitution's insurrection clause. As a result, Trump has been removed from the state's presidential primary ballot. The decision, made by 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.
The court's 4-3 decision has set the stage for a potential showdown in the U.S. Supreme Court, as Trump's attorneys have vowed to appeal any disqualification immediately. The U.S. Supreme Court has the final say on constitutional matters. The ruling is based on Section 3 of the 14th Amendment, which was originally designed to prevent former Confederates from returning to government after the Civil War. It disqualifies individuals who swore an oath to support the Constitution but then engaged in insurrection or rebellion against it.
Numerous lawsuits have been filed nationwide seeking to disqualify Trump under this provision. However, it has been used only a few times since the decade following the Civil War. The Colorado Supreme Court's decision overturns a previous ruling by a district court judge, who had found that Trump incited an insurrection for his role in the January 6, 2021, attack on the Capitol. The district court judge, however, concluded that it was unclear whether the provision was intended to cover the presidency and, therefore, Trump could not be barred from the ballot.
The Colorado Supreme Court's ruling is stayed until January 4, 2022, or until the U.S. Supreme Court makes a ruling on the case. This development raises the likelihood of a legal battle that will determine whether Trump, the front-runner for the GOP nomination, can remain in the race for the presidency. As the case progresses, it will be interesting to see how the U.S. Supreme Court interprets and applies the insurrection clause of the 14th Amendment.