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Politico
POLITICO
19 Dec 2023
Erica OrdenKyle CheneyZach Montellaro


NextImg:Colorado Supreme Court says Trump is ineligible to run again

The Colorado Supreme Court on Tuesday threw Donald Trump off the state’s 2024 presidential ballot, ruling that Trump engaged in an insurrection by stoking the riot at the Capitol on Jan. 6, 2021.

The 4-3 ruling, which rests on an interpretation of the 14th Amendment, will almost certainly force the issue to the U.S. Supreme Court, which may soon need to resolve whether Trump is eligible to hold future public office.

“We do not reach these conclusions lightly,” the Colorado majority opinion reads. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

The court is the first in the nation to side with activists and voters who have filed numerous lawsuits claiming that Trump is barred from running under the 14th Amendment’s “insurrection clause,” which states that anyone who “engaged in insurrection or rebellion” after taking an oath of office to support the Constitution is forbidden from holding any public office. It reverses a lower-court ruling that found that while Trump had engaged in insurrection, the Constitution’s ambiguity on the matter left Trump eligible to remain on the ballot.

The Colorado Supreme Court’s decision won’t take effect immediately. The court put the ruling on hold until at least Jan. 4, 2024, to give the U.S. Supreme Court time to weigh in.

“We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression,” the majority wrote, alluding to the all-but-assured appeal to the nation’s top court that Trump will pursue.