Supreme Court disqualifies Donald Trump from 2024 presidential election for inciting Jan. 6 riot

On Tuesday, December 19, the Colorado Supreme Court rendered a historic decision, declaring former U.S. President Donald Trump ineligible to contest the presidency under the Constitution’s insurrection clause. Consequently, the court instructed the secretary of state to exclude Trump’s name from the Republican presidential primary ballot in Colorado.

This groundbreaking ruling, the first of its kind, stems from the divided Colorado Supreme Court’s determination that Trump cannot hold public office under the 14th Amendment’s Section 3, a Civil War-era provision. This decision is unprecedented and signifies the first instance where a court deems a presidential candidate unfit to return to the White House based on their involvement in the January 6, 2021, attack on the U.S. Capitol.

It is crucial to note that this ruling is confined to the state of Colorado. The court, composed entirely of justices appointed by Democratic governors, has temporarily halted its decision until January 4, just a day before the deadline for Colorado Secretary of State Jena Griswold to certify candidates for the March 5 primary.

The majority opinion, delivered in an unsigned statement, emphasized that listing Trump as a candidate on the primary ballot would be a wrongful act under Section 3. The court categorically stated that Secretary Griswold must not include Trump’s name on the 2024 presidential primary ballot or count any write-in votes for him.

Legal challenges to Trump’s candidacy have emerged in over 25 states ahead of the 2024 election, with the Colorado case, representing six voters, posing an immediate threat. Despite national polls indicating Trump’s lead among Republican presidential nomination contenders, the Colorado ruling casts a shadow over his campaign.

In response, Trump’s campaign spokesperson, Steve Cheung, announced plans to appeal the decision to the U.S. Supreme Court. This move sets the stage for a high-stakes battle over Trump’s eligibility just as voters in early states begin casting their ballots in the Republican primaries.

The Colorado Supreme Court’s 4-3 decision hinged on interpreting Section 3 of the 14th Amendment, which seeks to prevent individuals engaged in insurrection and who swore an oath to support the Constitution from holding public office. The majority acknowledged the unprecedented nature of the case, emphasizing their duty to apply the law impartially.

Rejecting arguments that the Capitol breach was not an insurrection, the court concluded that the events of January 6 constituted a concerted and public use of force to hinder the peaceful transfer of power. The majority found substantial evidence that Trump, through false claims about election integrity, laid the groundwork for a contested election result.

In dissent, Justice Carlos Samour cautioned about potential chaos, expressing concern that Trump might be disqualified from presidential primary ballots in fewer than all 50 states due to differing election laws.

The legal battle is expected to continue, with Trump’s campaign seeking a swift resolution from the U.S. Supreme Court to end what they deem “undemocratic lawsuits.”