Justices find the Disqualification Clause does apply to the presidency, but their ruling is almost certain to be appealed.

cross-posted from: https://lemmy.world/post/9772125

In a landmark decision, the Colorado Supreme Court has ruled that former president Donald Trump is disqualified from appearing on the state’s primary ballot next year.

The Justices’ 4-3 ruling concludes that Trump engaged in an insurrection with his words and actions around the January 6th attack on the U.S. Capitol and therefore cannot hold the nation’s highest office again.

“We are also cognizant that we travel in uncharted territory,” wrote Colorado’s Supreme Court in its unsigned 213-page decision.

This is the first time a state’s high court has concluded the 14th Amendment’s Civil War-era Disqualification Clause applies to both the office of the presidency and the actions of the former president. Supreme Courts in Minnesota and Michigan dismissed similar complaints.

“We do not reach these conclusions lightly,” wrote the Justices. “We are mindful of the magnitude and weight of the questions now before us. 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.”

In a statement, the Trump campaign called the ruling “a completely flawed decision” and said it would swiftly file an appeal to the United States Supreme Court.

  • TimLovesTech (AuDHD)(he/him)@badatbeing.socialEnglish
    6·
    11 months ago

    I feel like they are going to agree with this ruling. He has been found to have engaged in insurrection, and then had that fact held up by the Colorado Supreme Court which only added that of course the 14th amendment would cover a President. Finding against this would basically be a ruling that the President is above the law, meaning that Biden could just not have an election and become Emperor Joe, ruler of the country formally known as the United States, but shall henceforth be known as Trump-Tears.

    • squiblet@kbin.social
      2·
      11 months ago

      The problem is as usual, the Republicans are the ones who will break the rules and Democrats are “we’re better than that!”. And if Dems did, Republicans will cry and whine and act shocked, like when recently someone in Congress said they were going against some ‘rule’ to force a vote and Republicans acted shocked, and the Democrat member pointed out that they had done it repeatedly when they were in charge.

      • TimLovesTech (AuDHD)(he/him)@badatbeing.socialEnglish
        3·
        11 months ago

        Unfortunately, if Trump makes it to the election I think things are going to be violent either way. Either everyone actually fighting for our democracy in the case of Trump winning, or acts of terrorism by his cult if he loses again. Keeping him off ballots is our countries best bet at not having large scale violence across the country.