A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution91裸聊视频檚 insurrection clause and removed him from the state91裸聊视频檚 presidential primary ballot, setting up a likely showdown in the nation91裸聊视频檚 highest court to decide whether the front-runner for the GOP nomination can remain in the race.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that has been used to disqualify a presidential candidate.
91裸聊视频淎 majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,91裸聊视频� the court wrote in its 4-3 decision.
Colorado91裸聊视频檚 highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case. Colorado officials say the issue must be settled by Jan. 5, the deadline for the state to print its presidential primary ballots.
91裸聊视频淲e do not reach these conclusions lightly,91裸聊视频� wrote the court91裸聊视频檚 majority. 91裸聊视频淲e 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.91裸聊视频�
Trump91裸聊视频檚 attorneys had promised to appeal any disqualification immediately to the nation91裸聊视频檚 highest court, which has the final say about constitutional matters.
Trump91裸聊视频檚 legal spokeswoman Alina Habba said in a statement Tuesday night: 91裸聊视频淭his ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation91裸聊视频檚 democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.91裸聊视频�
Trump didn91裸聊视频檛 mention the decision during a rally Tuesday evening in Waterloo, Iowa, but his campaign sent out a fundraising email citing what it called a 91裸聊视频渢yrannical ruling.91裸聊视频�
Republican National Committee chairwoman Ronna McDaniel labeled the decision 91裸聊视频淓lection interference91裸聊视频� and said the RNC91裸聊视频檚 legal team intends to help Trump fight the ruling.
Trump lost Colorado by 13 percentage points in 2020 and doesn91裸聊视频檛 need the state to win next year91裸聊视频檚 presidential election. But the danger for the former president is that more courts and election officials will follow Colorado91裸聊视频檚 lead and exclude Trump from must-win states.
Dozens of lawsuits have been filed nationally to disqualify Trump under Section 3, which was designed to keep former Confederates from returning to government after the Civil War. It bars from office anyone who swore an oath to 91裸聊视频渟upport91裸聊视频� the Constitution and then 91裸聊视频渆ngaged in insurrection or rebellion91裸聊视频� against it, and has been used only a handful of times since the decade after the Civil War.
91裸聊视频淚 think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,91裸聊视频� Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday91裸聊视频檚 ruling. 91裸聊视频淭his is a major threat to Trump91裸聊视频檚 candidacy.91裸聊视频�
The Colorado case is the first where the plaintiffs succeeded. After a weeklong hearing in November, District Judge Sarah B. Wallace found that Trump indeed had 91裸聊视频渆ngaged in insurrection91裸聊视频� by inciting the on the Capitol, and was a fairly technical one.
Trump91裸聊视频檚 attorneys convinced Wallace that, because the language in Section 3 refers to 91裸聊视频渙fficers of the United States91裸聊视频� who take an oath to 91裸聊视频渟upport91裸聊视频� the Constitution, it must not apply to the president, who is not included as an 91裸聊视频渙fficer of the United States91裸聊视频� elsewhere in the document and whose oath is to 91裸聊视频減reserve, protect and defend91裸聊视频� the Constitution.
The provision also says offices covered include senator, representative, electors of the president and vice president, and all others 91裸聊视频渦nder the United States,91裸聊视频� but doesn91裸聊视频檛 name the presidency.
The state91裸聊视频檚 highest court didn91裸聊视频檛 agree, siding with attorneys for six Colorado Republican and unaffiliated voters who argued that it was nonsensical to imagine that the framers of the amendment, fearful of former confederates returning to power, would bar them from low-level offices but not the highest one in the land.
91裸聊视频淧resident Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,91裸聊视频� the court91裸聊视频檚 majority opinion said. 91裸聊视频淏oth results are inconsistent with the plain language and history of Section 3.91裸聊视频�
The left-leaning group that brought the Colorado case, Citizens for Responsibility and Ethics in Washington, hailed the ruling.
91裸聊视频淥ur Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government,91裸聊视频� its president, Noah Bookbinder, said in a statement.
Trump91裸聊视频檚 attorneys also had urged the Colorado high court to reverse Wallace91裸聊视频檚 ruling that Trump incited the Jan. 6 attack. His lawyers argued the then-president had simply been using his free speech rights and hadn91裸聊视频檛 called for violence. Trump attorney Scott Gessler also argued the attack was more of a 91裸聊视频渞iot91裸聊视频� than an insurrection.
That met skepticism from several of the justices.
91裸聊视频淲hy isn91裸聊视频檛 it enough that a violent mob breached the Capitol when Congress was performing a core constitutional function?91裸聊视频� Justice William W. Hood III said during the Dec. 6 arguments. 91裸聊视频淚n some ways, that seems like a poster child for insurrection.91裸聊视频�
In the ruling issued Tuesday, the court91裸聊视频檚 majority dismissed the arguments that Trump wasn91裸聊视频檛 responsible for his supporters91裸聊视频� violent attack, which was intended to halt Congress91裸聊视频� certification of the presidential vote: 91裸聊视频淧resident Trump then gave a speech in which he literally exhorted his supporters to fight at the Capitol,91裸聊视频� they wrote.
Colorado Supreme Court Justices Richard L. Gabriel, Melissa Hart, Monica M谩rquez and Hood ruled for the petitioners. Chief Justice Brian D. Boatright dissented, arguing the constitutional questions were too complex to be solved in a state hearing. Justices Maria E. Berkenkotter and Carlos Samour also dissented.
91裸聊视频淥ur government cannot deprive someone of the right to hold public office without due process of law,91裸聊视频� Samour wrote in his dissent. 91裸聊视频淓ven if we are convinced that a candidate committed horrible acts in the past 91裸聊视频� dare I say, engaged in insurrection 91裸聊视频� there must be procedural due process before we can declare that individual disqualified from holding public office.91裸聊视频�
The Colorado ruling stands in contrast with the , which last month decided that the state party can put anyone it wants on its primary ballot. It dismissed a Section 3 lawsuit but said the plaintiffs could try again during the general election.
In another 14th Amendment case, ruled that Congress, not the judiciary, should decide whether Trump can stay on the ballot. That ruling is . The liberal group behind those cases, Free Speech For People, also filed another lawsuit in Oregon seeking to bounce Trump from the ballot there.
Both groups are financed by liberal donors who also support President Joe Biden. Trump has blamed the president for the lawsuits against him, even though Biden has no role in them, saying his rival is 91裸聊视频渄efacing the constitution91裸聊视频� to try to end his campaign.
Trump91裸聊视频檚 allies rushed to his defense, slamming the decision as 91裸聊视频渦n-American91裸聊视频� and 91裸聊视频渋nsane91裸聊视频� and part of a politically-motivated effort to destroy his candidacy.
91裸聊视频淔our partisan Democrat operatives on the Colorado Supreme Court think they get to decide for all Coloradans and Americans the next presidential election,91裸聊视频� House Republican Conference Chair Elise Stefanik said in a statement.
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