This Tuesday, December 19, the Colorado Supreme Court surprised by ruling that former Republican President Donald Trump will not be able to participate in the state’s 2024 electoral primaries, seeking the presidency of the United States.
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The court, in an unprecedented decision, based its choice on the “insurrectionist prohibition” of the 14th Amendment, stating that Trump is not eligible as a presidential candidate. The decision will be temporarily suspended until January 4th, pending appeal. Although the Colorado Supreme Court’s ruling only has effect in the state, its historic nature promises to shake up the 2024 presidential race.
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The 14th Amendment, ratified after the Civil War, states that officials who swear to support the Constitution can be barred from future office if they are involved in insurrections. Despite its vague wording, which does not explicitly mention the presidency, this amendment has been applied only twice since 1919.
The lawsuit was filed by six Republican and unaffiliated Colorado voters, backed by the liberal watchdog group “Citizens for Responsibility and Ethics in Washington” (Crew). They claim that Trump is disqualified from a new presidency due to his role in the January 6, 2021, insurrection. Despite expectations, opponents won several victories before the trial, overcoming attempts by Trump and the Colorado Republican Party to reject the case. Trump, for his part, denies any wrongdoing in relation to the events of January 6, with his campaign arguing that opponents are stretching the law’s interpretation beyond what is reasonable. At his rallies, the former president ridiculed the process, and his lawyers say depriving voters of the opportunity to decide on his return to the White House would be “un-American.” Trump’s unsuccessful attempts to dismiss the lawsuit included arguments about the incorrect interpretation of Colorado’s voting access laws, the political nature of the issue, which only Congress should decide, and the alleged violation of his free speech rights. Trump’s lawyers recently asserted that the Colorado statute provides no basis to bar a presidential candidate under the 14th Amendment, adding that the former president never endorsed or incited violence on January 6, 2021.
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