One down, more to go…
In a historic ruling, the Colorado Supreme Court disqualified former President Trump from the 2024 Republican primary election ballot, after finding him disqualified under the 14th Amendment.
As the Court explained. (and who am I to disagree)
“The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot.”
This goes without saying.
We do not reach these conclusions lightly. 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. We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression. But for our resolution of the Electors’ challenge under the Election Code, the Secretary would be required to include President Trump’s name on the 2024 presidential primary ballot.
Obviously, as election watchers on this side realize, this decision will not by itself swing the election in 2024, as Colorado has leaned more and more blue in recent Presidential elections, but this decision will be used as precedent when arguing for disqualification in other states that Trump has a very good chance of winning, such as PA, or WI.
And obviously, since this is an interpretation of the Federal Constitution, expect an appeal to the US Supreme Court.
The Colorado Supreme Court quoted Justice Gorsuch (oh, the irony). Could they overturn it?
Yes.
Under what grounds?
Most likely they would hang their hat on the fact that he was not convicted of 18 USC 2383 or 18 USC 2384. (The sedition/insurrection statutes that some of the Oathkeepers/Proud Boys were convicted of)
Buckle up, everybody…
PS: This is going to be interesting if one of the also-rans is at the top of the ticket in November in Colorado. Some of you on here will remember the near miss of a disaster for the Colorado Republican Party in the 2010 Governor’s race, with Tancredo playing spoiler and Maes just BARELY making it over the threshold for the Republican party to not be relegated to minor party status. (Could that happen in 2024? I have no idea)