this post was submitted on 19 Dec 2023
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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

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[–] dynamojoe@lemmy.world 40 points 9 months ago (2 children)

What I fear is other states doing similar things with slimmer pretense. II have no doubt purple states with red leadership (like Florida) would consider finding any pretense to yank the democrat off the ballot. but I'm nonetheless glad that a court finally decided the obvious: Trump engaged in insurrection.

[–] YoBuckStopsHere@lemmy.world 26 points 9 months ago* (last edited 9 months ago) (8 children)

Trump violated the Consitution and disqualified himself. Biden hasn't done anything remotely close to disqualifying.

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[–] rockSlayer@lemmy.world 35 points 9 months ago (8 children)

C'mon Minnesota, follow up with the 1-2 punch!

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[–] neptune@dmv.social 34 points 9 months ago (16 children)
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[–] Jeanschyso@lemmy.world 34 points 9 months ago (35 children)

Can the guy appeal? He's not gonna give up until he's sure 100% that he's definitely not allowed frfr

[–] Mamertine@lemmy.world 39 points 9 months ago (1 children)

The article I read said they expect it will be appealed to the US Supreme Court.

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[–] Stern@lemmy.world 33 points 9 months ago (4 children)

I'll take the W's where I can get them but Colorado has voted blue in the past 4 elections and I don't see that swinging back anytime soon, so ultimately not a game changer there.

Hoping it inspires some folks in other states to file cases though.

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[–] fne8w2ah@lemmy.world 32 points 9 months ago

Fuck covfefe forever.

[–] YoBuckStopsHere@lemmy.world 30 points 9 months ago

Up Vote Party for our quick-to-the-trigger users! Post all links below and we will add them to the list!

[–] jordanlund@lemmy.world 30 points 9 months ago (4 children)

I love how even the minority opinion is like "we just think he should be convicted first."

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[–] Varyk@sh.itjust.works 29 points 9 months ago

Haha, that treasonous bitch

[–] LEDZeppelin@lemmy.world 28 points 9 months ago (5 children)

Let’s go MI, GA, AZ, PA, WI! 🎺🎺🎺

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[–] LillyPip@lemmy.ca 25 points 9 months ago (2 children)
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[–] Silverseren@kbin.social 24 points 9 months ago (8 children)

How does this work out, legally speaking, when it comes to state certification via electors of the President? If he did somehow win, would Colorado just not recognize him as President within their borders?

Has there ever been a case like this where a state didn't allow someone on the ballot for President and they still won, outside of going all the way back to Lincoln?

[–] Quaternions@lemmy.world 35 points 9 months ago (7 children)

No, it just means that he won't be on the ballot. Which means that he'll unlikely win their electorate votes. He could still win the presidency without them. Hell, he could even win there as a write in candidate.

However, this could set a precedent for other states to do the same thing.

[–] devoiced@lemmy.world 25 points 9 months ago

This ban would cover write-in votes as well

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[–] MisterNeon@lemmy.world 23 points 9 months ago (16 children)

So I wonder if Republican run states will use this as an excuse to throw Biden off the ballot.

[–] FlyingSquid@lemmy.world 29 points 9 months ago (1 children)

I don't think Biden will lose too much sleep about not being on the ballot in Mississippi and Utah.

On the other hand, if any of the other Republican presidential candidates ever had a chance, it would be starting now and they are probably looking very closely at this and considering making their own legal challenges to Trump being on the ballot in other states.

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