The Colorado Supreme Court on Tuesday disqualified Donald Trump fromappearing on the state’s presidential ballot next year . The court's ruling is supported by a decision that he incited an insurrection at the US Capitol on January 6, 2021 , violating a clause in the Constitution. The decision is likely to be appealed to the US Supreme Court.
“We are mindful of the magnitude and weight of the questions now before us,” Justices Melissa Hart, William Hood, Richard Gabriel and Monica Márquez said in the court’s majority opinion. “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 also cognizant that we travel in uncharted territory.”
Chief Justice Brian Boatright, Justice Maria Berkenkotter and Justice Carlos Samour Jr. dissented.
The 4-3 decision in the state’s highest court upholds a lawsuit brought in September on behalf of a group of Republican and unaffiliated Colorado voters arguing the former president violated the 14th Amendment of the US Constitution, which bars “officers of the United States” from holding office again if they “engaged in insurrection or rebellion” against the country.
The Colorado Republican Party threatened to withdraw from the primary altogether if Trump is not allowed on the ballot, but according to Secretary of State Jena Griswold, skipping a presidential primary election or ignoring its results would likely result in another legal battle. GOP Chair Dave Williams told The Colorado Sun his party will ignore the results of the primary if Griswold's office doesn't cancel it
You won't have to because we will withdraw from the Primary as a Party and convert to a pure caucus system if this is allowed to stand.
— Colorado Republican Party (@cologop) December 20, 2023
The Trump campaign vowed to appeal the decision to the US Supreme Court shortly after the ruling came down.
“The United States Supreme Court has major ethics and corruption issues,” Griswold told KUNC, highlighting Justice Clarence Thomas’ recent ethical breaches and his wife’s connections to the January 6th insurrection. “In general, we have to follow what the courts say. What I hope is they act in an impartial way in carrying oyt their duties which of course is to uphold the law and the US Constitution.”
Griswold was not involved in filing the lawsuit, and, in fact, was listed as a defendant in the case in her capacity as the state’s top election official.
“Donald Trump is a danger to this country,” Griswold said. “The very situation that has led to this litigation is something that I think American voters should really pay attention to.”
Kiersten Hitchcock lives in Fort Collins and is a self-described independent voter who leans Democratic. She said she’s proud of the state court’s ruling and supports keeping Trump off the ballot.
“I feel he’s a dictator,” Hitchcock said. “It would just be, I think, the worst thing for our society and our government and the citizens of this country to have him have any ounce of power.”
Others responded differently. Mike Michma from Littleton thinks the decision was politically-motivated.
“It’s ridiculous,” Michma, who supports Trump, said. “Somebody got into office, and after they got into office, they began going after their rivals in elections."
Tuesday’s decision overturns a lower court ruling last month that would have allowed Trump to appear on the ballot while simultaneously acknowledging the former president did incite an insurrection.
Denver resident David Parson is worried about the ripple effects this legal battle is having on everyday people.
“There’s a lot of people just caught up with the media and they’re not really connecting with other people,” Parson said. “They need to just pull themselves together, put their pride aside, and, you know, start helping.”
The state’s justices have stayed their ruling until Jan. 4 to give the US Supreme Court time to review the case. Colorado’s primary ballots must be set by Jan. 5 and primary election day is March 5. Several similar cases have been filed in other states, but Colorado’s is the first to be successful.
Colorado is by no means considered a battleground state as far as the Presidential election is concerned. In 2020, President Joe Biden defeated Trump by a double-digit margin and Trump remains unpopular in the state.
This week’s ruling, however, means Colorado is front and center. If the US Supreme Court upholds the state court’s ruling, Trump could also be disqualified from ballots in other states.
