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

    • xantoxis@lemmy.world
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      10 months ago

      The Jan. 4th deadline isnā€™t that meaningful. The ballots donā€™t even exist yet, so striking him from the ballots on January 4th isnā€™t actually possible.

      The more interesting deadline is not Jan. 4 nor Mar. 5 (the primary election date), but February 12, 2024 because this is when mail-in ballots will be sent. No changes at that point.

      • Chef@sh.itjust.works
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        10 months ago

        Colorado deadline to submit primary candidates for the ballots is January 5th - one day after the deadline.

        • xantoxis@lemmy.world
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          10 months ago

          Yes and that might be important but I think the court could be persuaded to permit a candidate to be added if a higher court ruled that it was constitutionally required. Thatā€™s why I think Feb. 12 is the real goal line.

          • Chef@sh.itjust.works
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            10 months ago

            Ah I understand the logic now. The ā€œpracticalā€ deadline is essentially when the ballots must be created and mailed. Got it.

            • TimLovesTech (AuDHD)(he/him)@badatbeing.social
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              10 months ago

              Those ballots need to be created before they can be addressed/mailed. All that takes time, and thus the January 5th deadline. Once the process has started I donā€™t think itā€™s practical to scrap ballots and start over.

              • nfh@lemmy.world
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                10 months ago

                The real hard deadline is probably between the two, if a SCOTUS opinion dropped on February 11th, itā€™s probably too late to correct, but if it came in January 6th, theyā€™d probably make a good faith effort to correct it if necessary.