In a historic ruling, the Colorado Supreme Court has made a groundbreaking decision to remove former President Trump from the 2024 primary ballot. This move has put the nation in uncharted territory, as the case is expected to be taken up by the U.S. Supreme Court, marking a significant moment in presidential politics.
The decision is based on the application of the 14th Amendment to the Constitution, specifically Section 3, which states that individuals who have engaged in insurrection or rebellion against the United States shall not hold federal office unless approved by two-thirds of both chambers of Congress. The Colorado Supreme Court concluded that Trump's actions on January 6th, 2021, when he encouraged his supporters to go to the Capitol, constituted insurrection against the Constitution.
The 14th Amendment, ratified in 1868 during a period of political turmoil following the Civil War, aimed to address the issue of Southern states that had been part of the Confederacy sending officials who had fought for the Confederacy back to Washington. In the past, this amendment has been used to deny seating to certain individuals. For instance, in 1870, Zebulon Vance was appointed as a senator from North Carolina but was initially refused seating due to his previous involvement with the Confederate Army. However, Vance was later granted amnesty and served in the Senate.
In more recent history, the 14th Amendment was invoked in 2022 when a county commissioner in New Mexico, who was a convicted January 6th rioter, was removed from office. These precedents demonstrate that conviction of a crime may not always be necessary to prevent an individual from holding office under the 14th Amendment.
The U.S. Supreme Court's involvement in this case would be the first time since Bush versus Gore in 2000 that the Court would weigh in on such a significant matter related to presidential politics. Given the divisive state of the country, this decision carries even more weight than previous cases, making it a pivotal moment for the Supreme Court justices.
Despite Trump's denials and the lack of any convictions related to the January 6th events, legal analyst Stephen Vladeck argues that previous cases involving the 14th Amendment show that being convicted of a crime may not be a requirement to be prevented from holding office.
As the nation eagerly awaits the U.S. Supreme Court's decision on whether Trump can be included on state ballots, the outcome of this case will likely shape the future landscape of American politics and set a precedent for addressing presidential insurrectionist behavior.