The Colorado Supreme Court declared former U.S. president Donald Trump ineligible for the presidency Tuesday under the U.S. Constitution’s insurrection clause, and removed him from the state’s presidential primary ballot.
The move set up a likely showdown in the country’s highest court to decide whether the front-runner for the GOP nomination can remain in the race. Trump’s attorneys had promised to appeal any disqualification immediately to the U.S. Supreme Court, which has the final say about constitutional matters.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.
Dozens of lawsuits have been filed nationally to disqualify Trump under Section 3, which was designed to keep former Confederates from returning to government after the Civil War. It bars from office anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it, and has been used only a handful of times since the decade after the Civil War.
Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.
More to come