Trump's Ballot Exclusion in Colorado's Presidential Race Challenged
In an unexpected turn of events, the Supreme Court of Colorado decided to exclude Donald Trump from the 2024 presidential election primaries, citing his role in the Capitol riots as disqualifying him from office. This decision, however, is not legally binding yet.
The plaintiffs, who are attempting to remove Trump's name from the ballots in various U.S. states, argue that his actions in inciting the Capitol riots on January 6, 2021, make him unfit for the presidency under a constitutional amendment. The amendment excludes individuals who have instigated "rebellion" against the constitution.
Despite Trump's supporters storming the Capitol and disrupting the Congressional certification of Joe Biden's victory, a lower court in Colorado initially ruled in favor of Trump due to the lack of a clear reference to the presidency in the constitutional clause. However, the Colorado Supreme Court took a different view, concluding that Trump's actions were intended to incite political violence and disrupt the election certification.
Despite this ruling, the court suspended its decision until just before the ballot papers are printed in early January or until the Supreme Court clarifies the matter.
Insights:
This is a complex legal issue with several twists and turns. Here's what you need to know:
- The plaintiffs' argument is based on Section Three of the Fourteenth Amendment, which disqualifies individuals who have engaged in insurrection or rebellion against the United States.
- The District Court for the City and County of Denver initially rejected the claim, but the Colorado Supreme Court later ruled that Section Three applies to former presidents and the office of the presidency.
- However, the U.S. Supreme Court later reversed the Colorado Supreme Court’s decision, holding that states cannot enforce Section Three against federal officeholders and candidates absent congressional legislation.
This means that, as of now, Trump remains eligible to appear on the ballot in Colorado and other states, pending any future congressional action.
