Colorado Court Deems Trump Ineligible For Presidency Over Capitol Violence

On Tuesday (19 December), the Colorado Supreme Court ruled to disqualify former US President Donald Trump from the ballot in the state's presidential election next year.

This decision was made due to his alleged role in the attack on the US Capitol by his supporters on 6 January 2021.

The verdict marks Trump as the inaugural presidential contender in the annals of American history to be declared ineligible for the White House. This decision is based on an a rarely invoked clause in the U.S. Constitution, which prohibits officials who have participated in "insurrection or rebellion" from assuming office.

The court determined that the frontrunner for the 2024 Republican nomination is prohibited by the US Constitution from appearing on the ballot because of his role instigating violence against the US government.

The verdict is specifically for the Republican primary on 5 March in the state, but it could potentially influence Trump's standing for the general election on 5 November.

Colorado is considered a safely Democratic state by nonpartisan US election predictors, implying that regardless of what happens to Trump, President Joe Biden is likely to win the state.

A group of voters from Colorado, supported by the organization Citizens for Responsibility and Ethics in Washington, initiated the lawsuit.

They contended that Trump should be deemed ineligible due to his instigation of his followers to assault the Capitol, a futile effort to disrupt the transition of presidential power to Biden post the 2020 election.

The court ruling was labeled as "flawed" and "undemocratic" by Trump's campaign, which also stated that it would be contested.

"The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision," a spokesperson from the Trump campaign said.

The Trump campaign has criticized challenges to the 14th Amendment as efforts to deprive millions of voters of their favored presidential candidate.

The ruling represents a triumph for advocacy organizations and those against Trump, who have launched numerous similar legal objections to Trump's candidacy, based on Section 3 of the 14th Amendment, introduced following the Civil War.

The decision reverses a ruling by a lower court judge who found Trump engaged in insurrection by inciting his supporters to violence, but, as president, Trump was not an "officer of the United States" who could be disqualified under the amendment.

Trump's attorney argued that the Capitol riot was not severe enough to be classified as an insurrection and defended the former president's comments to his followers in Washington that day as a constitutionally protected right to free speech.

The lawyer further asserted that the courts lack the jurisdiction to mandate Trump's removal from the ballot.

Advocates have hoped to use the case to boost a wider disqualification effort and potentially put the issue before the US Supreme Court.

The conservative majority of the US Supreme Court, which stands at 6-3, comprises three appointees of Trump.

The court in Colorado has announced that the verdict will be held in abeyance until 4 January 2024, to provide time for potential appeals.

"The court's decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office under Section 3 of the 14th Amendment based on his role in the January 6th attack on the Capitol, and that Secretary Griswold must keep him off of Colorado's primary ballot. It is not only historic and justified, but is necessary to protect the future of democracy in our country," said CREW President Noah Bookbinder