The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.

In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”

“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.

“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”

Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.

We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.

Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.

LINKS

AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website

Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net

CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma

NBC News: Colorado Supreme Court kicks Donald Trump off the state’s 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4

CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix

CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva

New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net

  • Flying Squid@lemmy.world
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    11 months ago

    SCOTUS could decline to take it up. Remember, they were not interested in entertaining Trump’s election fraud claims.

    • Telorand@reddthat.com
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      11 months ago

      They also have typically demurred to “states’ rights.” It was a violation of Colorado’s Constitution, so I agree that it’s less than likely they’ll rule in his favor on appeal.

      Edit: it was ruled as violating the US Constitution. But I still stand by what I said.

    • TheAlbatross@lemmy.blahaj.zone
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      11 months ago

      Some of the articles note that Trump wouldn’t need Colorado to win (and didnt win in 2020) and while this sets a wonderful precedent, I’d wager that most would-be-Red-voting states simply wouldn’t recognize this decision.

      In that light, this seems a little bit of a hollow victory, but maybe I’m wrong and this is the precipice of something far better.

      • Flying Squid@lemmy.world
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        11 months ago

        I suggested elsewhere in the thread that it opens the door to other challenges in other states and that his primary opponents are probably looking into the idea since it’s the only chance they have. Maybe it wouldn’t work in the redder states, but in purple states?

      • TechyDad@lemmy.world
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        11 months ago

        True, but this removes him from the primary. If enough other states do this, you could have Nikki Haley or someone else winning that state. Then again, Colorado’s primary takes place on Super Tuesday (March 5th). By the time, Haley is announced the winner, it would likely be too late to stop Trump. (Assuming nothing else stops him first.)

      • djsoren19@yiffit.net
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        11 months ago

        Sure, but those red states aren’t going to make a difference no matter what, they’re stocked with crazies. Where this is going to make an impact is purple states that might have enough liberal justices to support the ruling, but also have a sizeable enough population of MAGAts that Trump could win the state. Cutting those off from him should be enough to make the GOP drop him.

    • Maggoty@lemmy.world
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      11 months ago

      It would be a perfect out for them, as long as they don’t get Dictator B elected instead. Then they’d end up on the enemies list.