Why was Donald Trump Disqualified from Colorado
Donald Trump was excluded from the presidential primary ballot by the Colorado Supreme Court on Tuesday. This ruling may have important ramifications for the November 2024 U.S. elections. The Colorado Supreme Court’s unique decision was supported by Section 3 of the U.S. Constitution, which forbids anybody involved in “insurrection or rebellion” from holding federal office. The majority of the court based its decision on this provision.
Why was Donald Trump Disqualified from Colorado
🚨 Colorado's Supreme Court disqualified Trump from the 2024 ballot, writing "the Secretary may not list President Trump's name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him."
— Kayleigh McEnany (@kayleighmcenany) December 20, 2023
Here is why this decision is legally unsound and likely to… pic.twitter.com/cJqkSBbL85
A lower court had previously determined that while Trump’s actions on January 6, 2021, during his supporters’ violent attack on the U.S. Capitol, were tantamount to an act of rebellion, they did not result in his disqualification since elected persons were exempt from Section 3’s application.
The legal questions raised by Section 3 in this case are novel since they are the result of post-Civil War legislation and are rarely put to such a public test. Though the Supreme Court’s decision-making process is yet unknown, its conservative majority—which includes three judges Trump appointed—raises questions about possible prejudices.
The dissenting judges expressed serious reservations about the 4-3 ruling in Colorado’s case, claiming that Trump would not have a fair trial if a majority ruling had been made without giving due respect to his fundamental rights. The judges who dissented pointed out that Trump was not found guilty of insurrection in a criminal trial and that he is not required to provide evidence beyond his constitutional rights when answering to charges.
Trump declared that he would file an appeal with the US Supreme Court after denouncing the court’s ruling as “non-democratic”. Along with his allies, he has claimed his political rivals are waging a non-democratic conspiracy to exclude him from office in Colorado and numerous other states.
It’s yet unclear how this decision might affect the election. Given his sizable Republican base and the state’s need of 270 electoral votes for victory, it may not be necessary for Trump to win Colorado in the 2024 election if the ruling is upheld upon Supreme Court review. Nonetheless, such challenges in states with high voter turnout might be crucial for Trump’s chances, and any ruling by the Supreme Court supporting disqualification could have an impact on public opinion on the validity of the election process.
It’s important to remember that Trump is dealing with comparable disqualification issues in over a dozen states, each with a different set of rules and potential outcomes. Certain courts, including those in Florida, New Hampshire, and Michigan, dismissed these lawsuits, citing jurisdictional and procedural issues. A disqualification case was also dismissed by the Minnesota Supreme Court.
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