The issue will head to the U.S. Supreme Court next.
The Colorado Supreme Court ruled on Tuesday that former President Donald Trump is ineligible to appear on the state's primary ballot.
However, the court stayed its ruling until Jan. 4, 2024, "pending any review by the U.S. Supreme Court."
If the U.S. Supreme Court agrees to review the issue by Jan. 4, the Colorado Secretary of State will be required to continued to include President Trump on the primary ballot. Otherwise, he will be removed from the primary ballot.
"We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot," reads the majority opinion.
"Therefore, 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," the order added, as Colorado state law does not permit write-in votes to be counted for ineligible candidates.
The ruling reverses a lower court ruling that President Trump was eligible to appear on the ballot because while he did "engage" in an "insurrection" on Jan. 6, 2021, Section 3 of the 14th Amendment does not apply to presidents. The Colorado Supreme Court was unpersuaded by both the lower court and President Trump's arguments that Section 3 did not apply to presidents.
"Section Three encompasses the office of the Presidency and someone who has taken an oath as President. On this point, the district court committed reversible error," the order reads.
This makes Colorado the first and only state to disqualify President Trump from appearing on a state primary ballot.
President Trump has announced he will appeal the decision.
'Uncharted Territory' The court affirmed the lower court decision in part, ruling that Congress does not need to pass legislation in order to implement Section 3 of the 14th Amendment, and it is self-executing, and not beyond the jurisdiction of the courts.
As such, "the district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial," nor err in its ruling that the Jan. 6, 2021, events constituted an "insurrection," the order added.
The Colorado Supreme Court ruled that President Trump's speech on and before Jan. 6, 2021, "was not protected by the First Amendment" because it was "speech were likely to incite...
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14 comments:
I used to love living in CO, moved there in 1971. It slowly has changed to being a top flight shithole. Can you imagine, anal sex in the Gov's mansion? When I moved there, District 1 had a Republican rep! After 24 years of Schroader it's been well over a decade with the dumbest white person in the House, DeGette. Good grief.
Un-be-f-ng-lievable!!! Time to take the country back from the enemies within!!!
Demonrats just don't get it. Every time they indict or try or otherwise eff with Trump his poll numbers go up.
Nemo
WRITE.HIM.IN.FOLKS!... Write him in! It is YOU RIGHT to vote for WHOEVER you want for president. "They" can't stop you from writing in a candidate!!!
WRITE...HIM...IN!!!
Funny how they can just declare that he participated in insurrection.
They made that illegal too
CW II is getting closer to reality.
CO is playing games. Jan 4th is the deadline to authorize candidate's name to the ballot.
CO expected appeal to U.S. Supreme Court. CO expects yhe court will not be able to hear before Jan 4th deadline.
Nothing says, 'We got nothing, but still we're gonna mess with you', as much as this.
Please point directly to the proof of Jan 6th insurrection that has found Trump guilty other than this court. Democrats are desperate to keep their democratic democracy. Turning it over to a republican would spell their end .
That can't come soon enough.
This is what actual Fascism looks like folks.
The purpose of what they did is to make it ok for other states to do it. Throw enough sh,t and some will stick. You may see a dozen states now do the same thing. Trump doesn't have endless money and time for this. If this fails they are running out of options short of simply shooting him. And they will do that. If you don't see that then you need to "adjust your paradigm" . As Michael Yon says.
Someone will sue saying "He's my choice and removal disenfranchises me."
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