19 December 2023 , 23:23
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Colorado has become the first state to remove Donald Trump from the 2024 presidential election ballot, after the state's supreme court voted 4-3, citing an “insurrectionist ban.”
While this only applies to the state of Colorado, who usually votes Democrat in presidential elections, the appeal to this ruling may end up in the Supreme Court.
Colorado's ruling will be placed on hold pending appeal until January 4. “We do not reach these conclusions lightly,” the court wrote in a 4-3 decision.
“We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favour, and without being swayed by public reaction to the decisions that the law mandates we reach," the statement from the court continued.
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Colorado's state Supreme Court ruled that Trump does not qualify to be on the 2024 ballot (Getty Images)Colorado election officials have stated that the issue needs to be resolved by January 5, which is the legal deadline to establish the list of candidates for the GOP primary.
The 14th Amendment, ratified after the Civil War, states that officials who swear an oath to support the Constitution are barred from future office if they "engaged in insurrection."
However, the wording is unclear and it doesn't specifically mention the presidency. The law has only been applied twice since 1919. Four Republican voters and two independent voters, supported by the left-leaning group Citizens for Responsibility and Ethics in Washington, used this provision in their lawsuit to try and stop another Trump term.
If this goes ahead, Colorado's secretary of state won't be able to put Trump's name on the 2024 presidential primary ballot or count any write-in votes with his name.
This unique decision almost guarantees a big legal fight at the high court before the 2024 election, according to the Hill. Trump is a frontrunner currently, with several polls saying that he'd beat current President Joe Biden if the election happened right now.
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This case is just one of many trying to impede the election process for Trump. Similar cases have been brought in states like Michigan and Minnesota, but none have managed to get Trump's name off any state's ballot.
The ruling is also significant as it is a big legal blow against a former president who is already fighting court battles over his role in the January 6th riots, as the decision against him is an official way of the state saying that Trump participated in an insurrection.
The seven-member bench of Colorado's Supreme Court was all appointed by Democratic governors. Six of them have already faced voters and won retention elections, while the seventh will do so next year.
The Trump campaign has commented that they will “swiftly file an appeal” following this decision.
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“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision."
"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,” campaign spokesperson Steven Cheung said in a statement.
“Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls. They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November,” Cheung continued.