Colorado’s Supreme Court has ruled that Donald Trump cannot run for president in the state’s 2024 primary election, citing a post-Civil War constitutional clause that disqualifies insurrectionists.
The 4-3 decision Tuesday reverses a lower court ruling that found the 14th Amendment does not apply to sitting presidents. It’s the first time the provision has been used to bar a presidential candidate from a state ballot.
The majority wrote that Trump’s rhetoric ahead of the January 6, 2021 riot amounted to “a call to his supporters to fight.” The court said when Trump’s supporters subsequently attacked the U.S. Capitol, they “responded to that call.”
The ruling does not apply beyond Colorado but could inspire similar legal efforts in battleground states. Trump lost Colorado by a wide margin in 2020.
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Trump campaign spokesman Steven Cheung called the ruling “completely flawed” and said Trump’s legal team would swiftly appeal to the U.S. Supreme Court. The Colorado GOP said it may opt out of the state’s 2024 primary.
Three dissenting justices argued the decision denies Trump “procedural due process.” Justice Carlos Samour wrote that while Trump’s actions may have been “horrible,” he must be formally found guilty before losing ballot access.
Tuesday’s decision places Trump’s candidacy in limbo until a ruling from the nation’s high court. Colorado’s presidential primary ballots must be finalized by January 3, 2024.
