Colorado Court rules Trump ineligible for future US Presidency

The Colorado Supreme Court has rendered a verdict barring former President Donald Trump from the state's ballot due to his involvement in the US Capitol attack

By  Annesha Barua December 20th 2023 09:44 AM

Colorado, December 20:  The Colorado Supreme Court has rendered a historic judgment, disqualifying former President Donald Trump from the state's ballot due to his involvement in the January 6, 2021, Capitol attack. This unprecedented ruling, a tight 4-3 decision, is poised for deliberation at the U.S. Supreme Court.

Trump becomes the first presidential candidate barred from seeking the White House under a rarely invoked clause of the U.S. Constitution, barring individuals engaged in "insurrection or rebellion" from holding office. While this decision applies to Colorado's Republican primary on March 5, its implications could extend to the general election on November 5.


Despite Colorado being projected as safely Democratic, ensuring a likely victory for President Joe Biden, Trump intends to contest the ruling at the U.S. Supreme Court. The Colorado court has deferred the decision's implementation until at least January 4, 2024, allowing time for an appeal.

This ruling sets the stage for a critical review by the U.S. Supreme Court, given its conservative majority, potentially shaping Trump's eligibility for a future presidential term.

The lawsuit presents a broader effort to disqualify Trump from state ballots under the 14th Amendment's section 3, enacted post the Civil War to prevent confederacy supporters from holding government positions.

Acknowledging the gravity of the decision, the Colorado court emphasized its commitment to uphold the law impartially, despite the unprecedented nature of the case. The Trump campaign vehemently denounced the ruling as "undemocratic" and vowed an immediate appeal to the U.S. Supreme Court.

This decision marks a reversal of a lower court's judgment that acknowledged Trump's role in inciting the Capitol violence but deemed him ineligible under the amendment. The Biden campaign opted not to comment on the court's ruling.

Upholding democratic integrity: Colorado Court's ruling on Trump's disqualification

Victory for Advocacy Groups: A coalition of Colorado voters, supported by the Citizens for Responsibility and Ethics in Washington (CREW), initiated a case urging Trump's disqualification. They argued that Trump, by inciting the Capitol attack in an attempt to disrupt the presidential power transfer to Biden post the 2020 election, should be ineligible.

Necessary Safeguard for Democracy: Noah Bookbinder, President of CREW, hailed the court's decision as crucial in safeguarding the nation's democratic future. He emphasized the historic significance and justified nature of the ruling in protecting the sanctity of democracy.

A Complicated Legal Landscape: While several lawsuits aiming to bar Trump from primary ballots in other states have been dismissed, the Colorado case holds distinct significance. It was hoped to bolster the disqualification efforts and potentially escalate the matter to the U.S. Supreme Court.

Trump's Defense and Campaign Response:  Trump's campaign vehemently opposes challenges based on the 14th Amendment, labeling them as an attempt to override voters' choices. Legal defenses mounted by Trump's lawyers centered on free speech protection, asserting the amendment's inapplicability to presidents and the requirement of a congressional vote for disqualification.

Dissenting Voices: Three justices on the Colorado Supreme Court dissented from Tuesday's decision. Justice Carlos Samour, in a dissenting opinion, stressed the inadequacy of a lawsuit in determining Trump's ballot eligibility. Samour highlighted the absence of due process, noting the lack of a conviction by a jury for insurrection.

Preserving Procedural Fairness: Samour emphasized the necessity of procedural fairness before disqualifying an individual from public office. He underscored the importance of due process, regardless of allegations, asserting the need for a fair and legal determination of eligibility.

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