By Ademola Mariam (SIWES Student, OGITECH)
The Colorado Supreme Court has ruled to disqualify former President Donald Trump from appearing on the state’s presidential ballot in the upcoming election. This decision is based on allegations of his involvement in the January 6, 2021, attack on the U.S. Capitol by his supporters. The court cites a rarely used provision of the U.S. Constitution that prohibits officials engaged in “insurrection or rebellion” from holding office, making Trump the first presidential candidate in U.S. history to face such ineligibility.
According to Reuters, the court’s decision specifically affects the state’s March 5 Republican primary, but its implications could extend to the general election on Nov. 5. Colorado is considered a safely Democratic state, meaning President Joe Biden is likely to carry it, regardless of Trump’s status.
The case was initiated by a group of Colorado voters with support from Citizens for Responsibility and Ethics in Washington. They argued that Trump should be disqualified for allegedly inciting the Capitol attack in an attempt to obstruct the transfer of presidential power to Biden after the 2020 election.
Trump’s campaign criticized the court decision, calling it “flawed” and “undemocratic,” and announced plans to appeal to the United States Supreme Court.
This ruling is seen as a victory for advocacy groups and anti-Trump voters who have pursued legal challenges under Section 3 of the 14th Amendment. The decision overturns a lower court ruling, which found that while Trump engaged in incitement, he was not an “officer of the United States” eligible for disqualification under the amendment.
Trump’s lawyer argued that the Capitol riot did not qualify as an insurrection, asserting that Trump’s remarks were protected by free speech, and contested the court’s authority to remove him from the ballot.
The Colorado court has stayed the ruling until January 4, 2024, to allow for potential appeals. Noah Bookbinder, President of CREW, emphasized the significance of the case, stating that it affirms Trump’s disqualification under the 14th Amendment and underscores the need to protect democracy.
