In a potential historic move, the Colorado Supreme Court ruled that former President Donald Trump is ineligible to be on the 2024 ballot.
Here's a look at the latest and where other states stand in similar moves.
What Happened: Members of the Republican party are rallying in support behind Trump, who will not be on the Colorado state ballot for the 2024 election.
In a 4-3 ruling, the Colorado Supreme Court cited the Jan. 6 U.S. Capitol riots and the role played by Trump as a violation of the 14th Amendment and its provision against insurrection.
"President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes," the majority opinion from the court reads.
The majority said the actions were Trump's "direct participation in the insurrection."
Trump's campaign team has said an appeal to the U.S. Supreme Court is in the works and speed could be of the essence with a Jan. 5 deadline for Colorado's GOP primary candidate list to be finalized.
The 14th Amendment, which was ratified after the Civil War, prohibits officials who have supported the Constitution from holding future public office positions if they were a part of insurrections.
Specifically, the amendment says no one can hold office in the U.S. if they "have engaged in insurrection or rebellion against the (U.S.), or given aid or comfort to the enemies thereof."
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What's Next: Colorado becomes the first state to remove Trump from the ballot related to the 14th Amendment and its so-called insurrection clause, but might not be the last.
A report from Axios said there are at least 35 cases filed in the U.S. related to disqualifying Trump from ballots related to the 14th Amendment. Over a dozen cases are currently pending in court ahead of the 2024 election.
States that had cases against Trump which were dismissed include Florida, Michigan, Minnesota, New Hampshire and Rhode Island.
One case in Michigan that was dismissed has a second appeal. The case against Trump in Minnesota sought to block him from the primary ballots, but tried to get the secretary of state to remove him instead of focusing on the 14th Amendment, which could lead to future challenges if Trump becomes the Republican nominee.
Other states saw cases voluntarily withdrawn before they reached the courts including the states of California, Connecticut, Delaware, Idaho, Kansas, Maine, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania and Utah.
States that still have pending cases related to the 14th Amendment that could see Trump off the ballot include the states of Alaska, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.
Benzinga recently reported the Michigan Court of Appeals rejected a notion to stop Trump from being on the 2024 state primary ballot. The court upheld two lower court rulings but did not deliberate on the insurrection clause claim related to the 14th Amendment. The Michigan court said selecting primary ballot candidates is a decision that should be made by political parties.
Based on the potential appeal by Trump to the U.S. Supreme Court and more states seeking similar claims to remove the former president from the ballot, the ruling in Colorado is likely far from the last we have heard on the 14th Amendment.
While some states are seeking to remove Trump from the primary ballot before elections take place, legal challenges could also arise if Trump receives the Republican nomination. The 2024 presidential election could become one for the history books with a potential rematch of the 2020 election and states grasping with a decision on how to handle Trump on their ballots.
Photos: Shutterstock
© 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
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