Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause

DENVER (AP) — The Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. 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.

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.

“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.

Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the 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.

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.

Trump’s attorneys had promised to appeal any disqualification immediately to the U.S. Supreme Court, which has the final say about constitutional matters.

UPDATE (WWAY) — Senator Thom Tillis (R-NC) announced he will soon introduce legislation that would prevent state politicians and state entities like the Colorado Supreme Court from disqualifying presidential candidates from the ballot on Constitutional matters that should be decided by only the Supreme Court.

The Constitutional Election Integrity Act clarifies that the Supreme Court of the United States has sole jurisdiction to decide claims arising out of section 3 of the 14th Amendment of the Constitution.

The legislation also withholds federal funding for election administration from states that misuse the 14th Amendment for political purposes.

“Regardless of whether you support or oppose former President Donald Trump, it is outrageous to see left-wing activists make a mockery of our political system by scheming with partisan state officials and pressuring judges to remove him from the ballot,” said Senator Tillis. “American voters, not partisan activists, should decide who we elect as our President. The Constitutional Election Integrity Act would put any constitutional challenges in the sole place they belong: the U.S. Supreme Court.”

The text of the legislation can be found here.