In an unprecedented move, the Colorado Supreme Court issued a ruling on Tuesday ordering the removal of Donald Trump from the 2024 presidential ballot, citing constitutional ineligibility for future office.
Trump’s campaign swiftly announced its intention to appeal the decision, taking the case to the U.S. Supreme Court.
This landmark, unsigned opinion, delivered on December 19, marks the first instance where any state supreme court has directly addressed the substantive arguments regarding the eligibility of Trump or any presidential candidate. The focus of contention lies in the allegations that Trump played a role in the insurrection that transpired on January 6, 2021.
The majority of the Colorado Supreme Court expressed minimal difficulty in concluding that there was substantial evidence supporting the characterization of the January 6 attack as an insurrection. Furthermore, they asserted a direct connection between Trump’s actions, aimed at obstructing the certification of President Joe Biden’s victory, and the insurrection itself.
Three justices dissented from the majority opinion: Chief Justice Brian D. Boatright and Justices Carlos A. Samour Jr. and Maria E. Berkenkotter. While they raised concerns about the procedural aspects of the eligibility challenge, they did not contest the substantive findings regarding whether Trump’s conduct qualified as insurrectionist and, therefore, disqualifying.
To facilitate a potential appeal to the U.S. Supreme Court, the Colorado Supreme Court opted to temporarily stay the implementation of its ruling.
