(Trump disqualified from 2024 ballot ,Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause)
In an unprecedented move, the Colorado Supreme Court ruled on Tuesday to disqualify Donald Trump from the 2024 presidential ballot, citing constitutional ineligibility for future office. Trump’s campaign promptly announced its intention to appeal the decision to the U.S. Supreme Court.
The unsigned opinion, issued on Dec. 19, marks the first instance of any state supreme court directly addressing the substantive arguments concerning Trump’s eligibility. The decision hinged on allegations that Trump played a role in the January 6, 2021, insurrection.
The majority, comprising four justices, emphasized the weightiness of the decision and the need to apply the law impartially. They found sufficient evidence linking Trump’s actions to the insurrection, concluding that the deadly attack on the Capitol constituted an insurrectionist act.
Three dissenting justices, including Chief Justice Brian D. Boatright, raised concerns about the procedural aspects of the eligibility challenge. However, they did not contest the substantive findings regarding Trump’s conduct as potentially disqualifying.
The court temporarily stayed its ruling to accommodate a likely appeal to the U.S. Supreme Court.
Background of Anderson v. Griswold
The legal battle challenging Trump’s eligibility commenced in September, with a deadline of January 5, 2024, for Secretary of State Jena Griswold to certify candidates for the upcoming primary. The petitioners, four Republicans and two unaffiliated voters, argued that Trump violated Section 3 of the 14th Amendment, rendering him ineligible for the presidency.
Section 3 disqualifies individuals, including federal officers, who engage in insurrection after taking an oath to support the Constitution. Denver District Court Judge Sarah B. Wallace previously acknowledged Trump’s role in inciting the January 6 insurrection but did not order his disqualification.
The majority opinion addressed Trump’s claim of inadequate defense time, emphasizing that Colorado’s election procedures allow for constitutional challenges. It also rejected the argument that Congress needed to pass legislation to enforce the disqualification provision.
The Majority’s Key Arguments
The court held that Congress did not require additional legislation to enforce disqualification, drawing a parallel with the 13th Amendment’s prohibition against slavery. The majority asserted that failure to enforce the provision could result in adverse consequences, such as legalizing slavery and allowing insurrectionists to hold public office.
The majority challenged Wallace’s interpretation that the presidency was not covered by Section 3, asserting that the presidency is evidently an ‘office.’ They rejected Trump’s request to exempt him from the disqualification provision based on his unique status.
Conclusion:
The decision by the Colorado Supreme Court to disqualify Donald Trump from the 2024 ballot marks a historic moment in American legal and political history. As the case heads to the U.S. Supreme Court, the nation awaits the resolution of this high-stakes legal battle that has far-reaching implications for the future of presidential eligibility.
