The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.
In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”
“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.
LINKS
AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website
Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net
CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma
NBC News: Colorado Supreme Court kicks Donald Trump off the state's 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4
CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix
CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva
New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net
In other news, Colorado confirmed most patriotic state in the union.
If a few more states follow suit, even if they are "safe blue" states, the GOP will have no choice but to drop Trump and pick up the next best candidate. Winning local elections is way more important for Republican-aligned agendas to continue forward, but if people won't turn out because Trump is off the ballot, it'll be a blue wave of lower offices flipping. They'll need to work fast to push the "Trump Bad, X Good" where X is whatever conservative sock puppet they prop up to take his place in hopes of saving their chances at maintaining a multi-state hegemony on state congressional seats.
It will go to the SCOTUS first and if they overturn the decision then it's back to square one. Even if they don't overturn the decision, it also still depends on enough swing states also barring Trump from running, since Colorado is a blue state that he was never going to win anyway.
What we really want are states like Michigan, Ohio and Pennsylvania to bar him from running. Then he really would be fucked.
I believe if the Supreme Court chooses to hear this case, then which ever way they rule would be for all states, not just Colorado.
How so? Couldn't they ignore the insurrection bit and rule that colorado runs its own elections?
Yeah. They could. Honestly though they shouldn't even be taking the case. The Constitution is pretty clear that the states are in charge of elections.
The Voting Rights Act is ironically what Trump relies on here. It's possible the court has weakened the law by so much that each state gets to decide.
I'm not seeing anything in the VRA about candidates. Just about districting and voting. Can you point me to that?
It's not candidates specifically but to what degree the federal government can dictate a state government's elections. States have full jurisdiction over running elections, and the VRA lets the federal government keep them in check. I guess it's more the idea of law than the letter, but the idea remains very important in our legal framework.
I believe it's an all or nothing type ruling, the 14th either applies or it doesn't. As the Supreme Court only interprets the constitution/law they cannot change the fact he was found to be part of an insurrection against the United States.