In an extraordinary legal development, the Colorado Supreme Court determined that former President Donald Trump is ineligible to appear on the state's 2024 ballot, citing his violation of the 14th Amendment's provision against insurrection.
The court's narrow 4-3 decision is currently on hold, pending a likely appeal to the U.S. Supreme Court, which has until Jan. 4 to intervene, CNN reports.
This ruling, while confined to Colorado, significantly disrupts the landscape of the 2024 presidential campaign. Colorado's election officials emphasize the urgency of resolving this issue by Jan. 5, the deadline to finalize the GOP primary candidate list.
The majority opinion, not personally signed, strongly asserted that Trump's actions during the Capitol riot went beyond mere incitement. It highlighted his continuous support for the insurrection, including his attempts to influence former Vice President Mike Pence and senators to halt the electoral vote count.
The court concluded Trump's prolonged campaign to mobilize supporters to the Capitol constituted clear and voluntary participation in an insurrection.
Additionally, the court dismissed Trump's defense of free speech, stating that his Jan. 6 speech was not protected under the First Amendment. The 14th Amendment, established post-Civil War, prohibits officials who have supported the Constitution from holding future office if they have engaged in insurrection. However, its application to the presidency remains a contentious issue, with its vague wording and rare use in modern history, according to CNN.
All justices on the Colorado Supreme Court were appointed by Democratic governors, and six have been retained through statewide elections. The seventh, appointed in 2021, has not yet faced voters.
Chief Justice Brian Boatright, dissenting, expressed his view that Colorado election law is not intended to judge a candidate's involvement in insurrection. He advocated for dismissing the challenge to Trump's eligibility absent a conviction related to insurrection.
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This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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