A lower court judge previously ruled that Trump’s actions on January 6, 2021, during a violent attack on the US Capitol by his supporters amounted to insurrection but stopped short of disqualifying him, saying Section 3 does not apply to presidents.
The Colorado Supreme Court paused its own ruling pending review by the US Supreme Court, which Trump said he will immediately seek.
Will the ruling stand?
The case involves a host of unprecedented legal issues related to Section 3, which was passed in the aftermath of the Civil War and has rarely been tested.
It is not clear how the Supreme Court would rule, but it is dominated by a conservative majority that includes three Trump appointees, some of whom are longtime sceptics of giving courts powers that are not clearly based in legislation.
White House says Trump anti-immigrant remarks echo ‘fascists’
White House says Trump anti-immigrant remarks echo ‘fascists’
That was a top concern for the dissenting justices in the 4-3 Colorado decision, who said the majority’s ruling would strip Trump of one of his most basic rights without adequate due process.
They noted that Trump has not been convicted of insurrection by a jury and did not have the right to subpoena records or compel witnesses to testify in the case, among other basic rights afforded to criminal defendants.
What does Trump say about the ruling?
Trump’s campaign called the court decision “undemocratic”.
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court,” a campaign spokesperson said.
He and has allies have criticised disqualification cases in Colorado and several other states as undemocratic and part of a conspiracy by his political rivals to keep him out of office.
How could the ruling impact the election?
Even if the ruling survives Supreme Court review, it could be inconsequential to the outcome of the November 2024 election because Trump does not need to win Colorado and is not expected to, given its strong Democratic leanings.
Colorado has nine of the 270 electoral votes required to win the presidency. Biden won the state by more than 13 percentage points in the 2020 election.
But similar lawsuits could be filed in competitive states that Trump must win to prevail, and while none of those courts would be bound by the Colorado decision, judges will likely study it closely while reaching their own conclusions.
Trump sells pieces of suit worn in Georgia mugshot
Trump sells pieces of suit worn in Georgia mugshot
What is the status of other Trump disqualification cases?
Voters and advocacy groups have sued to block Trump from the ballot in more than 12 states, but at least seven of them have failed for a variety of reasons.
Courts in Michigan, New Hampshire and Florida have dismissed similar cases on procedural and jurisdictional grounds, with some rulings stating that courts do not have the power to unilaterally disqualify candidates from ballots.
The Minnesota Supreme Court has also rejected a disqualification case.