In a groundbreaking decision on Tuesday, December 19, the Colorado Supreme Court ruled that former U.S. President Donald Trump is ineligible to participate in the state’s presidential primary. The court invoked the Constitution’s insurrection clause, ordering the removal of Trump’s name from the Republican presidential primary ballot.
The judgment, which stems from Trump’s involvement in the January 6, 2021, Capitol attack, marks the first instance where a court has declared him unfit for public office under Section 3 of the 14th Amendment. The court’s decision, however, is specific to Colorado and has been temporarily halted until January 4, just a day before the deadline for Colorado Secretary of State Jena Griswold to certify candidates for the March 5 primary.
In an unsigned opinion, the court’s majority argued, “We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot.”
The ruling explicitly prevents Trump’s inclusion on the 2024 presidential primary ballot in Colorado and disallows the counting of any write-in votes cast for him.
While the decision is limited to the state, it carries significant weight for Trump’s presidential ambitions. Lawsuits challenging his candidacy have been filed in over 25 states ahead of the 2024 election. The Colorado case, initiated by six voters, poses an immediate threat to Trump’s campaign. Despite legal challenges, national polls indicate that Trump remains a leading contender among candidates seeking the Republican presidential nomination.
