Colorado Ruling

U.S. Supreme Court to Review Colorado Ruling Disqualifying Donald Trump from State’s Primary Ballot

Last Updated: January 4, 20242.5 min read

On December 20, 2023, the Colorado Supreme Court ruled that former President Donald Trump was ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, famously known as Colorado Ruling. The court’s decision was based on Trump’s role in the January 6, 2021, attack on the Capitol.

“We do not reach these conclusions lightly,” the Colorado Supreme Court wrote in its four-three majority Colorado Ruling decision.

“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.”

The insurrection clause is a provision in the 14th Amendment to the U.S. Constitution that prohibits anyone who has “engaged in insurrection or rebellion” against the United States from holding public office. The clause was added to the Constitution after the Civil War to prevent former Confederate officials and military officers from holding public office. The clause has been invoked only a few times in U.S. history, most recently in the case of former President Donald Trump’s removal from the Colorado primary ballot.

On January 3, 2024, Trump’s attorneys appealed the ruling to the U.S. Supreme Court.

Colorado Ruling

Can the US Supreme Court overrule Colorado Ruling?

Yes, the U.S. Supreme Court has the power to overturn the Colorado Supreme Court’s decision to remove former President Donald Trump from the state’s primary ballot. The Colorado Supreme Court ruled that Trump could not appear on the primary ballot for president because he engaged in an insurrection. The U.S. Supreme Court is expected to take the case. If the justices rule directly on whether Trump is disqualified under the Constitution, their ruling would apply in every state, not only Colorado. However, the final decision is yet to be made.

What do legal experts say?

There are no clear predictions on whether the U.S. Supreme Court will overturn the Colorado Supreme Court’s decision to remove former President Donald Trump from the state’s primary ballot. However, some legal experts believe that the Supreme Court is likely to overturn the Colorado decision.

There are several legal experts who believe that the U.S. Supreme Court is likely to overturn the Colorado Supreme Court’s decision to remove former President Donald Trump from the state’s primary ballot.

Lawyer Ty Cobb predicts that the Supreme Court will overturn the ruling unanimously and swiftly. Former federal prosecutor Harry Litman also believes that the Supreme Court is likely to overturn the Colorado decision. However, there are no clear predictions on whether the Supreme Court will overturn the Colorado decision.

If the U.S. Supreme Court overturns the Colorado Supreme Court’s decision, it would be a historic case with far-reaching implications.

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