In what has been referred to as ‘banana republic election interference,' the Colorado Supreme Court ruled on Tuesday that former President Donald Trump is ineligible to appear on the state's Republican primary ballot in June under the Constitution’s insurrection clause.
The 4-3 split decision – among justices all appointed by Democrat governors – concluded that “Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment.” The ruling is the first time in history that a presidential candidate has been disqualified under Section 3 of the 14th Amendment, which prohibits certain officials from holding office if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
One question at hand continues to be if Trump actually engaged in an insurrection. Many responded on social media with outrage, speculating that the U.S. Supreme Court will strike down the ruling in due time. Convention of States followers reacted on X and many disagreed with Colorado's move.
"He hasn't been convicted of anything and he hasn't had a chance to even go through an appeals process should such a verdict come down. This is more than just "jumping the gun". This telling voters who they can and can't vote for based on the bias of the court," one user commented.
The Heritage Foundation’s Senior Legal Fellow Hans von Spakovsky countered the ruling with legal evidence. Most clearly, he reminded readers that no federal court has convicted Trump of engaging in ‘insurrection or rebellion.’ The Senate acquitted Trump of that charge in his second impeachment.
He also explained that Section 3 of the 14th Amendment only applies to individuals who were previously a ‘member of Congress,’ an ‘officer of the United States,’ or a state official. Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3.
“Despite these strong defenses, the court in Colorado proceeded in its power grab, deciding to remove the ability of American voters to make their own decision on who they believe should be president,” Spakovsky wrote. “This badly judged, banana-republic election interference will swiftly be appealed to the U.S. Supreme Court, which should take this case to short-circuit all the similar meritless challenges that are being filed in numerous states to remove Trump from the ballot.”
Republican candidate Vivek Ramaswamy vowed to withdraw from Colorado’s primary if the rule remains in effect.
I pledge to withdraw from the Colorado GOP primary ballot until Trump is also allowed to be on the ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley do the same immediately - or else they are tacitly endorsing this illegal maneuver which will have disastrous… pic.twitter.com/qbpNf9L3ln
— Vivek Ramaswamy (@VivekGRamaswamy) December 20, 2023
“There is zero chance the U.S. Supreme Court will uphold this activist Colorado decision banning Trump from the ballot,” Megyn Kelly reacted on X.
Meanwhile, other left-leaning states are scouring the feasibility of axing Trump from the ballot. On Wednesday, California’s lieutenant governor called for the state to explore every legal option available to remove the former president from the primary ballot.
The people deserve to make their voices heard at the local level without interference from weaponized institutions making politicized decisions. To support self-governance and state sovereignty, join the Convention of States movement by signing the petition below.
