Colorado

The Story

Former President Trump is barred from running in Colorado’s presidential primary.

Walk me through it.

Yesterday, the Colorado Supreme Court ruled that Trump violated part of the 14th Amendment — specifically, the part that disqualifies insurrectionists from holding office.

How did the court reach that conclusion?

It had to agree on a few things. That includes whether the January 6, 2021 Capitol attack counts as an insurrection and whether Trump’s actions mean he had engaged in insurrection. The court also had to rule that it has the authority to enforce this part of the 14th Amendment, and that this rule applies to the presidency, not just other offices listed in the Constitution.

That’s what the court ruled?

Yes, with the justices ruling 4-3 to disqualify Trump. The Colorado Supreme Court affirmed a lower court ruling on the first points but also ruled that this applies to the presidency. As the majority opinion put it, “We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. 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.”

What did the three other justices say?

One said the state doesn't have the authority to issue such a ruling. The dissenting justices added that it would've required a conviction that Trump was an insurrectionist, with one justice saying, “Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office.”

This is a big deal, isn’t it?

It is. Never before in US history has the so-called “insurrection clause” been used to disqualify a presidential candidate.

What happens now?

Trump’s campaign plans to appeal to the US Supreme Court. A spokesperson criticized what it dismissed as an “all-Democrat appointed” court and accused it of operating “on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice.”

The court was appointed by Democrats?

It was. The seven-member court was appointed by Democratic governors, ruling 4-3. Next up: SCOTUS needs to decide whether it'll take up the case. Six of the nine SCOTUS members were appointed by Republicans, including three by Trump. Colorado says the case needs to be resolved by Jan 5.

Why January 5?

That’s the deadline for Colorado to print its March primary ballots.

Does Colorado make a difference in the primary?

Not necessarily. Trump lost the state in 2020 but similar lawsuits are moving through other states. That includes in Michigan, where the issue is now before the state’s Supreme Court.

theSkimm

Yesterday’s ruling is unprecedented. It comes as trust in the US government and its institutions is believed to be near record lows — and about one month before the Iowa caucuses and New Hampshire primaries. If there’s one thing it seems a polarized US can agree on, it’s this: US democracy seems to be under threat.