“Legal Ruling Excludes Donald Trump from 2024 Election Ballot”

Colorado Supreme Court Disqualifies Trump from State Primary Ballot Over Insurrection Clause

In a historic move, the Colorado Supreme Court, led by justices appointed by Democratic governors, ruled 4-3 to declare former President Donald Trump ineligible for the White House under the insurrection clause of the 14th Amendment. This marks the first-ever use of Section 3 of the 14th Amendment to disqualify a presidential candidate. The court overturned a district court ruling, asserting that Trump incited the January 6, 2021, Capitol attack, qualifying as insurrection under the constitutional provision.

The court emphasized the significance of its decision, stating, “A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.” The ruling set a deadline of January 4 for enforcement, pending a potential review by the U.S. Supreme Court. Colorado officials insist on resolving the matter by January 5 to print presidential primary ballots.

Trump’s legal team, vowing an immediate appeal, criticized the decision as an assault on democracy. His spokeswoman, Alina Habba, expressed confidence in the Supreme Court reversing the “unconstitutional order.” Trump’s campaign labeled it a “tyrannical ruling” in a fundraising email.

The court’s decision raises concerns for Trump, potentially inspiring other states to follow suit. Section 3, aimed at preventing former Confederates from holding office after the Civil War, disqualifies individuals who engaged in insurrection against the Constitution. While Trump lost Colorado in 2020 and doesn’t rely on the state for victory, the danger lies in other courts adopting a similar stance, impacting must-win states.

Notre Dame law professor Derek Muller sees this ruling as a significant threat to Trump’s candidacy. The case differs from previous Section 3 lawsuits, making it a potential precedent. Citizens for Responsibility and Ethics in Washington, the left-leaning group behind the case, applauded the decision, emphasizing that violating the oath by attacking democracy should bar individuals from serving in government.

Trump’s attorneys argued against the insurrection charge, contending it was protected free speech. However, the court dismissed these arguments, noting Trump’s encouragement for supporters to “fight at the Capitol.” Chief Justice Brian D. Boatright dissented, asserting the constitutional questions were too complex for a state hearing.

The ruling contrasts with decisions in Minnesota and Michigan, indicating a growing legal battle over Trump’s eligibility for the 2024 presidential election.

—Associated Press writer Jill Colvin in New York contributed to this report.