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 stateā€™s 2024 ballot, ruling that he isnā€™t an eligible presidential candidate because of the 14th Amendmentā€™s ā€œinsurrectionist ban.ā€

ā€œEven 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.

ā€œPresident Trumpā€™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.ā€

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 ā€œengaged in insurrection.ā€ But the wording is vague, it doesnā€™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,ā€ 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 ā€œwas not enacted to decide whether a candidate engaged in insurrection,ā€ and said he would have dismissed the challenge to Trumpā€™s eligibility.

LINKS

AP: Colorado Supreme Court bans Trump from the stateā€™s ballot under Constitutionā€™s insurrection clause | @negativenull@startrek.website

Washington Post: Donald Trump is barred from Coloradoā€™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 stateā€™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 Amendmentā€™s ā€˜insurrectionist banā€™ | @Boddhisatva

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

  • TheAlbatross@lemmy.blahaj.zone
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    10 months ago

    Some of the articles note that Trump wouldnā€™t need Colorado to win (and didnt win in 2020) and while this sets a wonderful precedent, Iā€™d wager that most would-be-Red-voting states simply wouldnā€™t recognize this decision.

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

    • Flying Squid@lemmy.world
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      10 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 itā€™s the only chance they have. Maybe it wouldnā€™t work in the redder states, but in purple states?

    • TechyDad@lemmy.world
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      10 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, Coloradoā€™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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      10 months ago

      Sure, but those red states arenā€™t going to make a difference no matter what, theyā€™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.