The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.

In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”

“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.

“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.”

Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.

We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.

Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.

LINKS

AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website

Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net

CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma

NBC News: Colorado Supreme Court kicks Donald Trump off the state’s 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4

CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix

CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva

New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net

  • @Telorand@reddthat.com
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    5 months ago

    They also have typically demurred to “states’ rights.” It was a violation of Colorado’s Constitution, so I agree that it’s less than likely they’ll rule in his favor on appeal.

    Edit: it was ruled as violating the US Constitution. But I still stand by what I said.

      • @jonne@infosec.pub
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        5 months ago

        Yeah, I can’t believe so many people are still fooled by their ‘originalism’ story. The originalists have just the most radical interpretations of the law that have no relation to the wording it intent of those that wrote it. Biggest example of that is how they interpret the second amendment.

        And also the continual hollowing out of the fourth. The founders would be shocked to see what police can legally do these days (and if they do something illegal, there’s still no consequences, because the people in charge of enforcing the law are apparently the only ones where ignorance of the law is an excuse).

    • FuglyDuck
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      5 months ago

      also, the feds don’t decide who goes on the ballots- that’s a state matter. They run the elections. It’ll probably come before SCOTUS only if trump actually wins the regular election.

      similar to how, a state can send a congressperson to congress that’s ineligible, but they get kicked out on day one.

        • FuglyDuck
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          25 months ago

          is it the London or Brooklyn bridge? I had my eye on the London Bridge for the longest time.

            • FuglyDuck
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              35 months ago

              Isn’t thst the point of arches? Always falling and nowhere to go, so they’re strong and can hold up heavy…. Uh… stuff?

    • @jonne@infosec.pub
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      85 months ago

      They only care about “states’ rights” if it suits them. They’re completely happy to trample on the state’s right to regulate other things they don’t like.