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The Colorado Supreme Court has ruled that former president Donald Trump is disqualified from holding office and will not appear on the state’s 2024 ballot over the 2021 US Capitol attack, a court filing shows.
The court found Trump engaged in insurrection and the former president’s speech inciting the crowd that breached the Capitol was not protected by the First Amendment of the US Constitution, which guarantees free speech, according to the court filing.
The decision sets up a likely showdown in the nation’s highest court to decide whether the frontrunner for the Republican nomination can remain in the presidential race.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.
Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the 6 January, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
The court stayed its decision until 4 January, or until the US Supreme Court rules on the case.
Donald Trump’s White House campaign vowed Tuesday it would appeal the Colorado Supreme Court’s ruling that the former US president is disqualified from appearing on the state’s 2024 Republican primary ballot, with a spokesman calling the decision “completely flawed.”
“We will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” Trump campaign spokesman Steven Cheung said in a statement.
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