Colorado Supreme Court Kicks Trump Off the State Ballot

In a 4-3 decision, the Colorado Supreme Court has ruled that the insurrectionist Donald Trump violated section 3 of the 14th Amendment and is disqualified from appearing on the state’s ballot in 2024.

This unprecedented and powerful ruling upheld most of District Judge Sarah Wallace’s findings, reaffirming that the January 6th riot was an insurrection and that Trump engaged in insurrection by inciting the riot. 

But whereas Wallace punted at the last minute, suggesting the presidency is not an “office under the United States” covered by section 3’s broad disqualification, the Colorado Supreme Court concluded differently and reversed that particular part.

The Court held that Colorado has the right to ensure only Constitutionally qualified candidates appear on their ballot; that section 3 of the 14th Amendment is self-executing and requires no additional legislation for enforcement; and that presidents have been understood to be officers of and under the United States for centuries, citing an enormous record of historical, legal, and political evidence to that effect.

Trump’s campaign said they would appeal to the United States Supreme Court, which will almost certainly take the case and whose rulings would supersede any other—including the Colorado Supreme Court. 

For this reason, the Colorado Supreme Court stayed its own order until January 4th, 2024 (the day before primary ballots are printed in the state) to allow time for Trump to appeal and the U.S. Supreme Court to weigh in. 

The clock is now ticking on what is perhaps the most important Constitutional question in modern times.

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