By Frank Kamuntu
Donald Trump has been removed from Colorado’s 2024 presidential election ballot in an unprecedented and historic ruling by the state’s Supreme Court.
In a 4-3 decision on Tuesday, the panel ruled Mr Trump could be kept off the state’s GOP ballot under the 14th Amendment, which bars those who took a constitutional oath and then “engaged in insurrection” from holding public office, over his role in the January 6 Capitol riot.
“We do not reach these conclusions lightly,” the majority opinion reads. “We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction.”
The decision, which is stayed until early January, only applies to Colorado’s ballot and Mr Trump has already vowed to appeal.
While it appears likely the conservative-heavy US Supreme Court may overturn the ruling, it paves the way for other states to potentially follow suit, while some Republicans are already vying retaliatory action against President Joe Biden.
The landmark ruling comes after reports emerged that federal prosecutors in Washington, DC, were considering charges over Mr Trump’s efforts to overturn the 2020 election months before Justice Department special counsel Jack Smith took charge of the investigation.
This is the first time a court has ruled on the basis of Section 3 of the 14th Amendment, which was ratified in 1868 in the aftermath of the Civil War.
A lower court judge in the state previously ruled that Trump’s actions on January 6, 2021, amounted to insurrection but stopped short of disqualifying him, saying Section 3 does not apply to presidents.
Multiple lawsuits have been filed across several US states in efforts to disqualify Trump from running for president in those states. Similar lawsuits have previously been dismissed by courts in Michigan, Florida and New Hampshire. The Minnesota Supreme Court has also rejected a disqualification case.
However, this ruling can influence other states to invoke similar rulings in competitive states that Trump needs to win.
What Happened On January 6, 2021?
On January 6, 2021, a mob of Trump supporters stormed the US Capitol to prevent the Congress from certifying Joe Biden’s election victory. This was after Trump prematurely declared victory and alleged voter fraud. In a speech on the day of the riot, Trump urged his supporters to march on the Capitol. A US Congressional committee concluded that Trump was responsible for the Capitol riots.
Can Trump Still Run For Presidency And What Does It Mean For The 2024 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, which is a Democratic-leaning state.
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.
