In a landmark decision, the Colorado Supreme Court has declared that Donald Trump is ineligible to hold the presidency based on the Constitution’s insurrection clause. Additionally, the court has instructed the secretary of state to exclude the former president’s name from the state’s Republican presidential primary ballot, marking the first instance of a court disqualifying Trump from returning to the White House in light of his role in the January 6, 2021, Capitol attack. This disqualification is also the inaugural application of Section 3 of the 14th Amendment to disqualify a presidential candidate.
CNN legal analyst Elie Honig provided insights into the aftermath of this ruling, emphasizing its historic and momentous nature. He pointed out that while this decision represents uncharted territory, it is not the final word, as it is likely to be appealed to the US Supreme Court. The Colorado Supreme Court, anticipating this possibility, has deferred its ruling until January 4. Presently, the practical consequence is that Donald Trump will not feature on the Colorado ballot in the 2024 presidential race.
Honig urged consideration of the broader context, noting previous challenges across the country, with a majority failing or being withdrawn. Emphasizing that the Supreme Court will ultimately decide, he highlighted the court’s role in providing the final judgment.
The decision drew varied responses from presidential candidates, with some condemning the Colorado Supreme Court’s ruling. Robert F. Kennedy Jr. expressed concerns, likening the disqualification to actions in other countries that raise doubts about the authenticity of democracy. Several candidates, including Vivek Ramaswamy and Chris Christie, called for electoral decisions to be determined by voters rather than the courts. Asa Hutchinson highlighted the factual finding that Trump supported insurrection as a factor that will haunt his candidacy.
