Colorado’s highest court Thursday 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.
In a major legal blow to Trump, the 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 court put its ruling on hold until Jan. 4, so Trump can first seek review from the Supreme Court. If he does, Trump’s name automatically remains on the ballot until the justices resolve the appeal.
“We do not reach these conclusions lightly,” the court wrote in a 4-3 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.
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.”
The 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.
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