6 attack on the Capitol, and her ruling that kept him on the ballot was a fairly technical one. Wallace found that Trump indeed had “engaged in insurrection” by inciting the Jan. After a weeklong hearing in November, District Judge Sarah B. The Colorado case is the first where the plaintiffs succeeded. “This is a major threat to Trump’s candidacy.” “I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday's ruling. It bars from office anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it, and has been used only a handful of times since the decade after the Civil War. But the danger for the former president is that more courts and election officials will follow Colorado’s lead and exclude Trump from must-win states.ĭozens 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. Trump lost Colorado by 13 percentage points in 2020 and doesn’t need the state to win next year’s presidential election. Republican National Committee chairwoman Ronna McDaniel labeled the decision “Election interference” and said the RNC’s legal team intends to help Trump fight the ruling. Trump didn't mention the decision during a rally Tuesday evening in Waterloo, Iowa, but his campaign sent out a fundraising email citing what it called a “tyrannical ruling.” It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.” Trump's legal spokeswoman Alina Habba said in a statement Tuesday night: “This ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation’s democracy. Trump’s attorneys had promised to appeal any disqualification immediately to the nation's highest court, which has the final say about constitutional matters. 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.” “We are mindful of the magnitude and weight of the questions now before us. “We do not reach these conclusions lightly,” wrote the court’s majority. 5, the deadline for the state to print its presidential primary ballots. Colorado officials say the issue must be settled by 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. “A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.Ĭolorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race. DENVER – A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S.
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