Colorado’s Supreme Court has ruled former United States President Donald Trump is ineligible to run for the White House because of his role in the 2021 assault on the Capitol by his supporters and should be removed from the state’s primary ballot.
While the ruling only applies to Colorado, it marks the first time in US history that Section 3 of the 14th Amendment, which bars from public office anyone who “engaged in insurrection”, has been used to disqualify a presidential candidate and comes as courts in other states consider similar legal actions.
“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the Colorado high court wrote in its four-three majority decision.
“Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.
“We do not reach these conclusions lightly,” they added.
The decision – which Trump’s campaign said it would appeal – drew immediate condemnation from Republicans.
The one-time property tycoon and reality TV star faces a raft of court cases, from criminal charges over alleged efforts to overturn the 2020 election, to mishandling classified documents, hush money payments in the 2016 election and fraud in his business practices.
Trump has claimed he is the victim of political persecution.
“We are mindful of the magnitude and weight of the questions now before us,” the Colorado justices said. “We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
A lower court earlier found that while Trump incited an insurrection, for his role in the January 6, 2021, attack on the Capitol, he could not be barred from the ballot because it was unclear that the 14th Amendment was intended to cover the presidency.
