Alright folks, buckle up because this one's a doozy. Colorado's Supreme Court, in a move that screams "we've lost our marbles," has decided to disqualify former President Donald Trump from the state's 2024 primary ballot. Yep, you heard that right. The court, in a 4-3 ruling, concluded that Trump's actions and words around the January 6th attack on the U.S. Capitol amounted to an insurrection, thus barring him from holding the nation’s highest office again.
Now, let's get one thing straight: this is the first time a state high court has wielded the 14th Amendment's Civil War-era Disqualification Clause like this. Courts in Minnesota and Michigan tossed out similar complaints, essentially saying, "Nah, we're not touching this." But Colorado? They went full throttle.
The Trump campaign, obviously not taking this lying down, called the decision "completely flawed" and a violation of Colorado voters' rights. They're already gearing up to appeal to the U.S. Supreme Court, confident that they'll get a ruling in their favor and put an end to these "unAmerican lawsuits".
Here's another interesting tidbit: all seven members of Colorado’s highest court were appointed by Democratic governors, though they did go through a bipartisan nomination process. But three of them – Chief Justice Brian Boatright, and Justices Carlos Samour and Maria E. Berkenkotter – weren't having any of it and filed dissents.
The ruling itself is a fascinating twist. It overturns a district court judge's finding and asserts that, under Colorado law, the court can bar disqualified candidates from the Republican Party’s primary ballot. They're saying that Congress doesn't need to pass implementing legislation for this disqualification provision to kick in. It's self-executing, they claim.
This lawsuit, by the way, was initiated by Citizens for Responsibility and Ethics in Washington (CREW) on behalf of six Colorado voters. CREW has been throwing similar legal punches in other states, but this is the first time they've landed such a significant blow.
The Trump campaign, in true Trump fashion, shot out a fundraising email to supporters almost immediately, rallying them to "join the fight to keep my name on the 2024 ballot and peacefully defend YOUR right to vote”.
The dissenting justices, meanwhile, raised some valid points. Justice Berkenkotter argued that Colorado’s judiciary doesn't have the jurisdiction to decide on Section Three claims. Justice Samour highlighted the lack of criminal conviction against Trump and the need for due process. And Justice Boatright noted that such a crucial election case needs more time and evidence than what was provided.
So, what do we make of all this? Well, it's a classic case of judicial overreach, or perhaps a brave stand for accountability, depending on which side of the aisle you're on. But one thing is clear: this is not just a legal battle; it's a political chess game. And the moves being made here are as bold as they are controversial. Colorado's Supreme Court may think they're making history, but to many, it looks more like they're making a mockery of the electoral process.
Only time will tell how this saga unfolds, but for now, it's safe to say the court's decision is nothing short of a judicial jaw-dropper.
Courts Gone Wild: Colorado's Supreme Court's Unprecedented Move to Axe Trump from the Ballot