On Tuesday, December 19th, the Colorado Supreme Court, in a 4-3 decision, ruled that former President Donald Trump cannot appear on the 2024 presidential ballot due to his alleged engagement in insurrection on January 6, 2021. This decision contradicts a previous ruling by Colorado District Court Judge Sarah Wallace. The court maintained that Trump’s actions, including his speech on that day, were not protected by the First Amendment and went against claims of free speech.
The dissenting opinions, including one from Chief Justice Boatright, argue for dismissal due to the lack of a formal proceeding related to insurrection. Despite Trump’s acquittal in the Senate and the absence of criminal charges, the court relied on the U.S. House January 6 Select Committee’s findings. The decision is part of a broader legal strategy by liberal groups aiming to use the “Insurrection Clause” to prevent Trump from appearing on ballots.
The ruling invites review by the U.S. Supreme Court before January 4, 2024. Trump’s legal team plans to appeal, asserting that the decision infringes on voters’ rights and accusing the Colorado Supreme Court of bias. The uncertainty surrounding the interpretation of Section Three of the Fourteenth Amendment adds complexity to the legal landscape, with the deadline for certifying Colorado’s primary ballots set for January 5, 2024.
