Trump disqualification from Colorado ballot: What's next for former POTUS?

As Donald Trump gets disqualified from Colorado ballot, here's what's next for former POTUS

The Colorado Supreme Court took a first-of-its-kind decision on Tuesday, December 19, 2023, when it barred former president Donald Trump from the state’s presidential primary ballot for 2024. In a 4-3 ruling, the court whose justices were appointed by Democratic governors, ruled that the 77-year-old front-runner for the GOP nomination is ineligible to serve as US president due to his actions of inciting the attack on the US Capitol on January 6, 2021. Citing the US Constitution's insurrection clause, the court disqualified Trump under Section 3 of the 14th Amendment, marking the first instance in history that this section has been used to block a presidential candidate from seeking office. Here is a look at what's the next step for Donald Trump as Colorado court disqualifies him for the 2024 ballot.

Colorado Supreme Court’s unprecedented ruling

On a 4-3 vote, the Colorado Supreme Court ruled that Trump should be disqualified from the race under Section 3 of the 14th Amendment, which forbids individuals to hold public office after they have taken an oath of office and subsequently “engaged in insurrection or rebellion against the [US], or given aid or comfort to the enemies thereof.” "President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President [Mike] Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes,” the court wrote in the ruling.

Section 3 of the 14th Amendment

Section 3 of the 14th Amendment, which was passed in the aftermath of the Civil War, is a provision in the US Constitution that applies to individuals who have taken an oath to support the Constitution. It states that if it is discovered that these people are "engaged in insurrection or rebellion" against the United States, they may be removed from their capacity to hold public office. Furthermore, the clause stipulates that disqualification occurs if an individual has given "aid or comfort to the enemies" of the nation.

The ruling’s impact on the primary election

The Colorado Supreme Court’s ruling applies only to the state’s Republican primary,  scheduled for March 5, 2024. Even if Trump doesn’t appear on the ballot in that state for the primary, the ex-president would still be capable of securing the presidential nomination under the 14th Amendment, according to Forbes. However, the former president is largely expected to lose the Colorado general election as he did in 2016 and 2020, given the state’s strong Democratic leanings.

Donald Trump’s next crucial step

The 4-3 ruling will be stayed until January 4 in anticipation of Trump's appeal to the US Supreme Court, which might resolve the issue for the whole country. The Colorado Justices noted that if Trump does appeal their ruling, then it will remain paused until the high court rules, specifying the primary should move forward with Trump on the ballot in the meantime. As the state of Colorado had earlier set a deadline of January 5 for printing its primary ballots, Trump will be included on the state's ballot unless he decides not to appeal, the US Supreme Court decides not to hear the case, or the court decides to side with the Colorado Supreme Court before that date.

Donald Trump’s ‘swift’ appeal to US Supreme Court

Following Trump’s ouster, his campaign spokesperson called the Colorado Supreme Court’s decision “flawed” and said they “will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision.” “We have full confidence that the US Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Steven Cheung said in a statement. He also tried to paint the 4-3 ruling by the state's highest court as political meddling meant to keep President Joe Biden from running against Trump in November. “Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice,” the statement further read.