The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.

In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”

“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.

“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”

Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.

We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.

Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.

LINKS

AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website

Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net

CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma

NBC News: Colorado Supreme Court kicks Donald Trump off the state’s 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4

CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix

CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva

New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net

  • PrinceWith999Enemies@lemmy.world
    3·
    11 months ago

    In very recent high profile/high consequences cases (Gore v Bush, the Voting Rights Act, etc) the court has generally found that a state has a right to determine the rules governing their federal elections. I know (by now) to never say never, but if they do force Colorado to surrender to federal command regarding conducting their elections via their laws, they’re going to have to become complete pretzels. Should at least be interesting.

    Oh, and I was told that by Colorado law the ballots must be finalized on Jan 5th, so the self-imposed stay until Jan 4th is because that’s the latest possible date. By putting a stay on the case, SCOTUS would have to then essentially a second Colorado state electoral law. I’m probably missing some stuff, and I really don’t know what to expect myself.

    I absolutely do know that if trump’s not on the ballot, the R down ticket races won’t generate much of any turnout. It’d be funny if the MAGAs were the ones who stayed home so that every red district candidate from Colorado would be a moderate.