Colorado's all-Democratic Supreme Court last night removed Donald Trump from the state's 2024 Republican ballot for his role in the Jan. 6 riots – with legal experts warning they had endangered American democracy.
The 4-3 decision marks the first time in history that Section 3 of the 14th Amendment — which disqualifies insurrectionists from holding office — was used to eliminate a presidential candidate.
That means Trump has been eliminated from the ballot in the state, which has nine electoral votes and where Democratic candidates have won in the last four general elections.
Colorado, which won Joe Biden by a wide margin of 55.4 percent in 2020, will hold its Republican primary on March 5, Super Tuesday.
Trump's campaign has already vowed to appeal to the Supreme Court, and aides are confident the six conservative justices will overturn the ruling in his favor.
Legal scholars have also criticized the verdict and assume that the appeal will prevail. However, if confirmed, it could determine whether Trump can remain on the ballot in all 50 states.
Judges Richard L. Gabriel, Melissa Hart, Monica Márquez and William W. Hood III said they had “no difficulty” in determining that the events of Jan. 6 were an insurrection and that Trump did in fact participate “involved” in this alleged rebellion.
Former president and 2024 presidential candidate Donald Trump arrives to speak during a campaign rally in Waterloo, Iowa, on Tuesday
Four judges appointed by Democratic governors, Judges Richard L. Gabriel, Melissa Hart, William W. Hood III and Monica Márquez, all circled, voted to disqualify the former president
The lawsuit was filed by the activist organization Citizens for Responsibility and Ethics in Washington on behalf of six Colorado voters, some Republicans and some independents.
In the career-defining decision, the justices claimed they “did not reach these conclusions lightly” and said they were “aware of the magnitude and gravity of the issues before them.”
But legal experts warned last night that the nation's obscure Rocky Mountain judges had lit the fuse. Legal scholar Jonathan Turley said: “This country is a powder keg and this court is just throwing matches at it.”
Trump spoke at a rally in Iowa last night following the landmark decision, calling Biden “a threat to democracy” and accusing Democrats of using “any means necessary” to interfere in the election. His campaign claimed that the Colorado Supreme Court was under the influence of a “Soros-funded, left-wing plan.”
Judge Richard L. Gabriel
Judge Gabriel was first appointed to the Colorado Supreme Court in June 2015 after years of practicing commercial and intellectual property law.
A graduate of Yale University, Gabriel went on to receive his law degree from the University of Pennsylvania.
Gabriel, a native of Brooklyn, New York, was appointed as a state Supreme Court justice in June 2015 after years of service in the state.
In 2021, the Denver Post reported that a legal trainee made harassment allegations against Gabriel.
The claim was later found to be unfounded in a report by an outside agency commissioned to investigate allegations of harassment and gender discrimination.
Gabriel, a Democrat, replaced Justice Gregory J. Hobbs Jr. when he took the post in 2015 and became the state's 104th justice elected to the Supreme Court.
Gabriel is also a professional trumpet player and is known for his performances in various jazz bands in Colorado.
Colorado Supreme Court Justice Richard L. Gabriel leaves the chamber after a hearing on Wednesday, December 6, 2023
Judge Melissa Hart
Justice Melissa Hart was officially appointed to the Colorado Supreme Court in December 2017
Prior to her current position as a Supreme Court justice, Hart was a professor at the University of Colorado Law School.
At the university, she directed the Byron R. White Center for the Study of American Constitutional Law.
In addition to her academic career, she maintained an active pro bono practice and actively represented clients.
Hart, who grew up in Denver and graduated from Harvard Law School, was previously involved in a discrimination lawsuit filed in the Supreme Court by a black applicant.
Michele Brown had accused Hart and other judges of racial and age discrimination when they refused to hire her as an attorney.
A federal judge later dismissed the case after finding no evidence of discrimination by the state's judiciary.
Colorado Supreme Court Justice Melissa A. Hart speaks during a hearing on Wednesday, December 6, 2023
Monica Marquez
Justice Monica Márquez was first appointed to the Colorado Supreme Court in 2010, making her the first Latina in Colorado Supreme Court history.
Márquez is the first openly gay person to serve on Colorado's highest court and is a member of the Colorado LGBT Bar Association. She also made history as the first Latina to serve on the court.
Márquez earned her degree from Stanford University before later earning her law degree from Yale Law School.
She previously served as Deputy Attorney General and Assistant Attorney General in both the Public Officials Division and the Criminal Appeals Division.
She also attended an event in collaboration with Harvard Law School earlier this year.
A Colorado native, Márquez is also an openly gay woman and a member of the Colorado LGBT Bar Association
William W. Hood III
Judge William Hood was first sworn in as a trial partner and prosecutor in Colorado's 18th Judicial District in January 2014.
A graduate of the University of Virginia School of Law, he later received his degree in international relations from Syracuse University.
At the time of his appointment, then-Colorado Governor John Hickenlooper said, “Hood has consistently demonstrated his ability to apply the law fairly while dispensing justice.”
“His extensive experience on both sides of the courtroom is invaluable in making informed decisions.”
He then addressed Hood directly and added, “I am quite confident that you will shortly become a most positive member of this court.”
At the time of his appointment, Hood said, “It is a tremendous undertaking and responsibility, and I look forward to doing everything I can to show that I am deserving of the vote of confidence the governor has given me.”
Colorado Supreme Court Justice William W. Hood III expresses a viewpoint during a hearing Wednesday, Dec. 6, 2023, in Denver
Supporters of former President Donald Trump broke into the Capitol on Jan. 6, interrupting the joint session of Congress that cemented President Joe Biden's 2020 election victory
Supporters of Republican presidential candidate and former US President Donald Trump attend a campaign rally in Waterloo, Iowa, USA, on December 19, 2023
Former President Donald Trump attends a rally on the Ellipse on January 6, 2021, ahead of the attack on the Capitol. His role in the “insurrection” and his attempt to overturn the 2020 election disqualify him from running for office, the Colorado Supreme Court ruled Tuesday
Aside from the four who voted to ban Trump, Chief Justice Brian D. Boatright also dissented, arguing the constitutional questions were too complex to be resolved in a state hearing.
Fellow judges Maria E. Berkenkotter and Carlos Samour also decided to object.
The 14th Amendment was passed after the Civil War and bars officials from seeking future office if they have “engaged in insurrection.”
“A majority of the Court holds that Trump is barred from holding office as President under Section 3 of the 14th Amendment,” the court wrote.
Since the ruling was issued Tuesday evening, just an hour before Trump spoke to his supporters in Iowa, his team has sharply criticized the justices' decision.
WHAT DOES SECTION 3 OF THE 14TH AMENDMENT SAY?
No person shall be a Senator or Representative in Congress, or elector of the President and Vice President, or hold any civil or military office in the United States or in any State, having previously taken an oath as a member of Congress, or as an officer of the United States, or as Member of a state legislature, or as an executive or judicial officer of a state, to support the Constitution of the United States, took part in insurrection or rebellion against the Constitution of the United States, or gave aid or comfort to his enemies. However, Congress may repeal this obstruction by a two-thirds vote of each House of Representatives.
Campaign spokesman Steven Cheung claimed that a group funded by Democratic billionaire George Soros was behind the decision to ban Trump.
In a statement, Cheung said, “It is not surprising that the all-Democratic Colorado Supreme Court ruled against President Trump.”
“Supporting a Soros-funded left-wing group's plan to interfere in an election on behalf of Crooked Joe Biden by removing President Trump's name from the ballot and violating the right of Colorado voters to vote for the candidate of their choice, will be eliminated.”
“Democratic Party leaders are in a state of paranoia about the growing, dominant lead that President Trump has gained in the polls.
“They have lost faith in the failed Biden presidency and are now doing everything they can to prevent American voters from throwing them from office next November.”
Cheung continued, “The Colorado Supreme Court made a completely flawed decision tonight, and we will immediately appeal to the United States Supreme Court while also filing a motion to stay this deeply undemocratic decision.”
The 14th Amendment was passed after the Civil War and bars officials from seeking future office if they have “engaged in insurrection.”
“A majority of the Court holds that Trump is barred from holding office as President under Section 3 of the 14th Amendment,” the court wrote.
The decision may not stand – Cheung confirmed on Tuesday evening that the ex-president would appeal to the Supreme Court.
The lawsuit pointed to Trump's role in the Jan. 6 attack on the Capitol and also his efforts to overturn the 2020 presidential election.
Legal scholar Jonathan Turley also criticized the court over its ruling, saying the country was “a powder keg and this court is just throwing matches at it.”
Legal scholar Jonathan Turley criticized the Colorado Supreme Court over its ruling that barred former President Donald Trump from the state's 2024 Republican primary
Speaking to Fox News, Turley said: “Well, this court has just given partisans on both sides the ultimate tool to try to short-circuit elections, and it's very, very dangerous.”
“I mean, this country is a powder keg and this court is just throwing matches at it.” And I think that's a real mistake. But I think they have the law wrong.'
Speaking to Fox's Laura Ingraham, Turley also disagrees with the premise of the Jan. 6 court.
“You know, January 6th was a lot of things, most of them not good.” In my opinion, it wasn't a riot. “It was a riot,” he said.
He said that while he understands that those who break the law that day will face consequences, the verdict against Trump goes a step too far.
“That does not mean that the people who were responsible for that day should not be held accountable. “But to call this an insurrection in the sense of disqualification would be a dangerous proposition for every state in the Union.”
Trump hosts a campaign rally in Colorado Springs, Colorado on February 20, 2020
Turley concluded by saying that this hinders free and fair elections just before the primary season begins.
In an opinion piece on his blog, Notre Dame law professor Derek Muller said the ruling was a “major and extraordinary” move by a state Supreme Court.
Muller wrote that he also believes the move “could encourage state courts or secretaries of state” to bar Trump from the vote.
He said: “I don't mean 'encourage' in a derogatory way – I simply mean that Colorado is the leader and no other political actor needs to be the leader.”
“Other jurisdictions similarly have a blueprint of persuasive arguments that they can rely on – and potentially a doctrine that could have an exclusionary effect in other jurisdictions.”
On the other side of the argument, legal scholars William Baude and Michael Stokes Paulsen wrote in a legislative article in August that Section 3 called for “immediate disqualification from office.”
The two, who are members of the conservative advocacy group Federalist Society, argued that he should not be allowed to run until Congress grants him amnesty.
Law professor Laurence Tribe seconded this, supporting Baude and Paulsen's view by calling the events of January 6 a “place.” [Trump] fully within the scope of the disqualification clause.
Meanwhile, Republican presidential candidate Vivek Ramaswamy has also volunteered to withdraw his name from the March 5 Republican primary in Colorado in protest.