The Colorado Supreme Court has ruled that former president of the United States of America, Donald Trump, is ineligible to run for president in 2024 because of his role in the 2021 assault on the Capitol by his supporters and should be removed from the state’s primary ballot.
According to AFP, The Colorado Supreme Court ruled on Tuesday.
In historic first, judges declared Trump should not be on primary ballot because of his role in the assault on the Capitol.
Donald Trump, who is the frontrunner for the Republican nomination, faces a raft of legal cases.
While the ruling only applies to Colorado, it marks the first time in US history that Section 3 of the 14th Amendment, which bars from public office anyone who “engaged in insurrection”, has been used to disqualify a presidential candidate and comes as courts in other states consider similar legal actions.
The historic decision based on the 14th Amendment, barring Trump from the presidential primary ballot, sets up a battle before the nation’s highest court about the fate of next year’s election.
“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the Colorado high court wrote in its four-three majority decision.
In a 4-3 ruling that will soon be appealed — and that is likely to inspire fierce criticism from Trump’s supporters and vocal applause from those who have condemned his behavior around Jan. 6 — a majority of Colorado’s seven justices wrote that the former president “engaged in insurrection.”
“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary,” the justices wrote.
“Moreover,” they wrote, “the evidence amply showed that President Trump undertook all these actions to aid and further a common unlawful purpose that he himself conceived and set in motion: prevent Congress from certifying the 2020 presidential election and stop the peaceful transfer of power.”
The justices stayed their ruling until Jan. 4, pending appeal.
Three of the judges dissented, Chief Justice Brian D. Boatright and Justices Carlos A. Samour Jr. and Maria E. Berkenkotter.
Boatright, in his dissent, wrote that the “absence of an insurrection-related conviction” against Trump should have called for the case to be dismissed.
Samour wrote that the majority’s opinion “flies in the face of the due process doctrine.”
The ruling follows a monthslong challenge in Colorado to Trump’s ballot eligibility under Section 3 of the 14th Amendment, a Civil War-era constitutional clause that deems former office-holders ineligible from running again if they took an oath to support the Constitution and then engaged in “insurrection or rebellion” against the U.S.