


A high-stakes legal drama unfolded last week when the Colorado Supreme Court delivered an unprecedented, narrow 4-3 decision disqualifying Donald Trump from the presidential primary ballot.
But nothing will change: Trump will still be on the ballot.
TWELVE DAYS OF WEX-MAS: IMPEACHMENT INQUIRY BECOMES 2024 LIGHTNING RODThe Colorado justices undoubtedly know the U.S. Supreme Court will overturn their ruling — one seemingly rooted in politics, not the Constitution . Thus, they stayed their own decision until the state’s Jan. 4 ballot certification deadline. The pause will extend indefinitely once the Trump campaign files its Supreme Court appeal.
Of course, if Trump secures the nomination, he won’t win Colorado, where he lost by nearly 14 percentage points in 2020. Let’s be real: Colorado’s grandstanding display of judicial activism amounts to a symbolic gesture. It’s a suspenseful narrative, but one with a foregone conclusion.
Meanwhile, the court offers a political smoke screen for Democrats while fanning the flames of political discord. It’s a tale of activist judges playing their part for political theater, not justice.
A cleverly timed stay on their own ruling lets Colorado justices pass the buck to the Supreme Court, enabling Democrats to save face in a blue state.
If and when the Supreme Court overturns this ruling, it will become a footnote in history. Yet, leading Colorado Democrats, including hyperpartisan Secretary of State Jena Griswold, a prominent fixture on MSNBC , will have their moment in the spotlight, claiming they heroically did everything possible to block Trump.
On the off chance the Supreme Court declines to hear the case or affirms the ruling, Democrats will take a different kind of victory lap. Either way, the decision reflects a hit job, a well-scripted performance by partisan actors donning judicial robes, with no consequence for a court safely nestled in a left-wing state.
Here’s the thing: It’s no surprise that Colorado’s Supreme Court would reach this partisan decision. The court, which was entirely hand-picked by Democratic governors, has an extensive history of decisions benefiting Democrats.
Colorado is the only state with a Taxpayer Bill of Rights enshrined in its constitution, a bulwark against excessive government spending and soaring taxes. The Taxpayer Bill of Rights sets a revenue cap for the state government and mandates that voters approve any local or state tax increase. For years, Democrats have waged a tireless war on this vital protection, from the ballot box (where they have been repeatedly denied by voters in this blue state) to a failed yearslong challenge in federal court .
The one place they’ve found some success, though, is the Colorado Supreme Court, which has greenlighted unconstitutional tax increases disguised as “fees” by the legislature. Consequently, Gov. Jared Polis (D-CO) has signed multiple “fees” into law, including a new gas fee so lawmakers wouldn’t have to ask voters to increase the existing gas tax.
In 2020, when the Democratic-dominated legislature sought to extend its COVID-19 hiatus, the court declared the sacrosanct 120-day limit on the annual legislative session was “non-consecutive,” a dubious interpretation belied by both history and the text of the state constitution. This meant Democrats could recess and return at their leisure.
Colorado’s Supreme Court has upheld unconstitutional state restrictions on gun rights, including a sweeping ban on large-capacity magazines. The list of such partisan decisions continues.
Now, Colorado may be a catalyst for a broader trend — signaling to other states to use legal maneuvers for virtue signaling and political advantage. States such as Arizona, Florida, and Minnesota have appeals in progress seeking the same outcome as Colorado.
Like Trump or not, he hasn’t been convicted of insurrection. Allowing a state court to determine presidential eligibility, especially without a conviction by a criminal court or the U.S. Senate, transcends the constitutional authority granted to states in administering elections.
This is much bigger than one state or one election. The Colorado precedent could become a harbinger of a surge in attempts to dump Trump from state ballots, but political considerations must never eclipse the law and good governance.
CLICK HERE TO READ MORE FROM RESTORING AMERICAJimmy Sengenberger is an investigative journalist, columnist at the Denver Gazette, and host of The Jimmy Sengenberger Show Saturdays from 6 a.m. to 9 a.m. on News/Talk 710 KNUS. Reach Jimmy online at Jimmysengenberger.com or on X @SengCenter .