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| Source: CNN |
CNN) — The Colorado Supreme Court unexpectedly and historically declared on Tuesday that former President Donald Trump is unable to compete in the Republican primary for president in 2024 because of the "prohibition of rebellion" found in the 14th Amendment.
The seven justices who voted on the decision (4–3) decided to delay it until January 4 while Trump files an appeal with the US Supreme Court, which may make a decision.
The Colorado Supreme Court's decision is exclusive to the state, but it will shake up the 2024 presidential race anyway. Election officials in Colorado stated that a resolution to the dispute must be reached by January 5, which is the deadline set by law for selecting the Republican Party primary slate. carried out on March 5.
The court majority stated in the unsigned opinion document that "President Trump not only incited the insurrection, but even as the Capitol siege was underway, he continued to support it by repeatedly demanding that Vice President Mike Pence refuse to perform his constitutional duty and called the senators to persuade them." "By halting the counting of votes, these actions constitute open, voluntary, and direct participation in the rebellion."
"We conclude that the previous evidence, much of which was beyond doubt at trial, established that President Trump participated in the insurrection," the majority said in its statement of opinion. "President Trump made direct and explicit efforts over several months to urge his supporters to march to the Capitol to prevent what he falsely described as an alleged fraud on the people of this country, which was undoubtedly public and voluntary," the majority continued.
Trump's claims of free speech were also dismissed by the court, which stated: "President Trump's speech on January 6 was not protected by the First Amendment."
After the Civil War, the Fourteenth Amendment was passed, and it states that public servants who have taken an oath to protect the Constitution may never again occupy public office if they "participate in insurrection." However, the amendment's language is ambiguous; it makes no specific reference to the president, and it has only been put into effect twice since 1919.
The Democratic governors of Colorado appointed each of the seven justices to the court. After winning future statewide elections, six of the seven were able to hold their positions, and the seventh was appointed in 2021 but has not yet faced elections.
Regarding the Colorado Supreme Court's ruling, the Trump team declared on Tuesday that it "will quickly file an appeal."
"The Colorado Supreme Court issued a completely wrong decision tonight, and we will quickly file an appeal with the US Supreme Court and a concurrent request to postpone this completely undemocratic decision," said Stephen Cheung, a spokesperson for the Trump campaign, in a statement. We fully anticipate that the Supreme Court will make a swift decision in our favor, bringing "an end to these un-American lawsuits."
The court based its extensive ruling on a number of key findings, including:
- Voters may contest Trump's eligibility under the "insurrection ban" of the federal Constitution, according to Colorado law.
- Without any action from Congress, the ban can be enforced by Colorado courts.
- Regarding the presidency, the "prohibition of rebellion" provision is applicable.
- The attack on the US Capitol on January 6, 2021, was an uprising.
- Donald Trump "participated" in the uprising.
- Trump's speech on January 6 that was described as "crowd-inciting" "was not protected by the First Amendment."
