Published On: December 20th, 2023
The 14th Amendment’s “insurrectionist ban” declared former President Donald Trump unsuitable for the White House, according to Tuesday’s Colorado Supreme Court’s ruling. The 14th Amendment to the US Constitution states that officials who vow devotion to the US Constitution may not hold public office for a while if they “engaged in insurrection.” This served as the foundation for the 77-year-old former president’s disqualification on Tuesday.
In its 4-3 ruling, the court stated that “a majority of the court holds that Donald Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.” Democratic governors nominated the court, making the ruling.
Colorado Supreme Court bans Donald Trump
Suits filed in Colorado and other states contend that Trump should not be allowed to cast a ballot due to the violence at the U.S. Capitol on January 6, 2021, which was an act of insurrection. The judges said that President Trump’s overt and voluntary efforts over months to encourage his followers to march to the Capitol to stop what he wrongly claimed was a fraud on the American people were clear and direct.
The highest court in Colorado overturned a district court judge’s decision, finding that Donald Trump incited an insurrection on January 6, 2021, but holding that he could not be disqualified from the election due to the uncertainty surrounding the provision’s application to the presidency. The court postponed the ruling until January 4th, or until the US Supreme Court issued an order. The court also clarified that Secretary of State Jena Griswold “may not count any write-in votes cast for President Trump, nor list his name on the 2024 presidential primary ballot.”
Derek Muller, a law professor at the University of Notre Dame, described the Colorado ruling as exceptional in history. He stated, “It’s quite remarkable as no candidate, even a presidential or a former president, has ever been banned from the ballot due to insurrection.”
In response to the ruling, Steven Cheung, the spokesperson for the Trump campaign, declared that they would “swiftly file an appeal” after the Colorado Supreme Court’s ruling. Regarding the revolt on January 6, Donald Trump denied any wrongdoing and criticised the 14th Amendment litigation as an abuse of the legal system. He filed a not-guilty plea and is facing both federal and state charges related to his efforts to manipulate the 2020 election in favour of Democratic candidate Joe Biden.
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