Trump kicked off Colorado ballot in 14th Amendment case

Colorado’s highest court on Tuesday knocked former President Trump off the state’s Republican primary ballot under the 14th Amendment in a 4-3 ruling, making it the first state to block him from seeking the presidency because of his role in the Jan. 6, 2021, Capitol attack. 

The court put its ruling on hold until Jan. 4, so Trump can first seek review from the  U.S. Supreme Court. Trump’s spokesperson quickly vowed to do so, meaning Trump’s name automatically remains on the ballot until the justices in Washington resolve the appeal. 

In a major legal blow to Trump, the Colorado court affirmed he engaged in insurrection by inflaming his supporters with false claims of election fraud and directing them to the Capitol — preventing him from a second White House term under the 14th Amendment’s “insurrection clause.” 

The state justices determined that the office of the president is covered under the insurrection clause, which specifically lists those who previously took oaths to support the Constitution as “a member of Congress,” “officer of the United States,” “member of any State legislature” or an “executive or judicial officer of any State.” The district court had ruled that the office of the president was not covered under the clause. 

“We do not reach these conclusions lightly,” the upper court wrote in its decision. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.” 

If allowed to take effect, Colorado’s secretary of state may not list Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him. 

Steven Cheung, a spokesperson for Trump’s campaign, blamed the decision on the “all-Democrat appointed” court, swearing to appeal the ruling to the U.S. Supreme Court. The seven-member bench of Colorado’s Supreme Court was entirely appointed by Democratic governors; six later faced voters and won retention elections, while the seventh will do so next year. 

“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” Cheung said. “We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”

Norma Anderson, a petitioner and former Republican majority leader of the Colorado House and Senate, said in a statement that the plaintiffs’ win bolstered their efforts to protect the state’s elections.

“My fellow plaintiffs and I brought this case to continue to protect the right to free and fair elections enshrined in our Constitution and to ensure Colorado Republican primary voters are only voting for eligible candidates,” Anderson said. “Today’s win does just that.” 

The Hill requested comment from Trump’s Colorado lawyer.

The unprecedented decision all but ensures a dramatic legal battle at the high court ahead of the 2024 election, in which Trump is the undisputed Republican front-runner.

The high court has not ruled on the controversial clause, which prohibits the holding of “any office … under the United States” if a person engaged in insurrection after swearing to “support” the Constitution as “an officer of the United States.” 

It only adds to a Trump-related headache already at the high court, as the justices weigh whether to immediately take up the issue of Trump’s immunity from one of his criminal cases. 

The Colorado 14^th Amendment case is one of many seeking to block Trump from becoming president again.  

In Colorado, four Republican and two independent voters, backed by left-leaning group Citizens for Responsibility and Ethics in Washington, cited the provision in their lawsuit seeking to prevent another Trump term.  

Similar cases have also been brought in states including Michigan and Minnesota, but none have been successful in removing Trump’s name from any state’s ballot. 

The seven-member bench of Colorado’s Supreme Court was entirely appointed by Democratic governors. Six later faced voters and won retention elections, while the seventh will do so next year. 

The majority opinion was unsigned but joined by four of the seven justices. 

Three justices dissented from Tuesday’s decision: Chief Justice Brian Boatright, Carlos Samour and Justice Maria Berkenkotter. Each wrote separate dissents taking issue with how the plaintiffs brought their 14^th Amendment lawsuit using a provision of Colorado election law. 

Berkenkotter wrote that “the majority construes the court’s authority too broadly.” 

“The questions presented here simply reach a magnitude of complexity not contemplated by the Colorado General Assembly for its election code enforcement statute,” wrote Boatright. “The proceedings below ran counter to the letter and spirit of the statutory timeframe because the Electors’ claim overwhelmed the process.” 

Samour similarly wrote that Colorado’s election law provides no “engine” for such a lawsuit, also noting that no federal legislation existed to enforce the 14^th Amendment’s insurrection clause.

“Even if we are convinced that a candidate committed horrible acts in the past—dare I say, engaged in insurrection—there must be procedural due process before we can declare that individual disqualified from holding public office. Procedural due process is one of the aspects of America’s democracy that sets this country apart,” Samour wrote. 

Updated 7:03 p.m.