Is it all over?
Colorado’s Supreme Court has made a pivotal decision regarding former President Donald Trump’s appearance on the state’s ballots for the upcoming election. Citing his alleged role in inciting the 2021 U.S. Capitol riot, the court ruled 4-3 to bar Trump from the ballots. However, this ruling is currently on hold until January 4, affording Trump an opportunity to petition the U.S. Supreme Court to overturn the decision.
The Colorado Supreme Court’s judgment was based on substantial evidence suggesting Trump’s involvement in an insurrection, which they argued disqualifies him from serving as president according to a provision in the U.S. Constitution. Notably, this marks the first instance of a state court disqualifying Trump from a future election due to his alleged support for the insurrection aimed at overturning his 2020 election loss to President Joe Biden.
The decision to prevent Trump from appearing on the ballot in Colorado was reached after a lengthy 133-page ruling, with all seven justices involved in the case having been appointed by Democratic governors. The majority opinion highlighted their recognition of the weightiness of the matter and emphasized their commitment to upholding the law without influence from public sentiment.
Should the ruling stand, Trump would forfeit the chance to vie for Colorado’s 10 votes in the Electoral College. However, the pause in the ruling remains in effect pending a potential review by the U.S. Supreme Court. This delay enables Trump, who seems increasingly likely to secure the Republican presidential nomination, to potentially feature on the GOP primary ballot in Colorado in March.
Trump’s legal representative, Alina Habba, vehemently opposed the Colorado Supreme Court’s decision, labeling it an attack on democracy. They expressed confidence in the reversal of what they deemed an unconstitutional order when reviewed by the higher court.
Chief Justice Brian Boatright dissented from the majority opinion, contending that the case should have been dismissed, as the state election code section cited was not intended to adjudicate a candidate’s engagement in insurrection. Meanwhile, Justice Carlos Samour argued that the ruling infringed upon Trump’s right to due process, highlighting the absence of fair trial opportunities and the ability to subpoena documents and witnesses.
This latest development follows a lawsuit filed by six Colorado voters seeking to bar Trump from the state’s ballots, citing Section 3 of the U.S. Constitution, which disqualifies individuals who have engaged in insurrection or rebellion against the U.S. This section was invoked in response to Trump’s alleged incitement of the Capitol riot on January 6, 2021, which disrupted the certification of Biden’s electoral victory. Despite earlier rulings in favor of Trump’s appearance on the ballot, the legal dispute persists as both plaintiffs and Trump contest the decisions made thus far.
