One of the dissenting justices, Carlos Samour, said in a lengthy opinion that a lawsuit is not a fair mechanism for determining Trump’s eligibility for the ballot because it deprives him of his right to due process, noting that a jury has not convicted him of insurrection.
“Even if we are convinced that a candidate committed horrible acts in the past – dare I say, engaged in insurrection – there must be procedural due process before we can declare that individual disqualified from holding public office,” Samour said.
VICTORY FOR ADVOCACY GROUPS
The ruling applies only to the state’s Mar 5 Republican primary, but its conclusion would likely also affect Trump’s status for the Nov 5 general election.
Nonpartisan US election forecasters view Colorado as safely Democratic, meaning that President Joe Biden will likely carry the state regardless of Trump’s fate.
The case was brought by a group of Colorado voters, aided by the group Citizens for Responsibility and Ethics in Washington, who argued that Trump should be disqualified for inciting his supporters to attack the Capitol in a failed attempt to obstruct the transfer of presidential power to Biden after the 2020 election.
CREW President Noah Bookbinder said in a statement that the court’s decision is “not only historic and justified, but is necessary to protect the future of democracy in our country”.
Trump’s campaign has condemned 14th Amendment challenges as an attempt to deny millions of voters their preferred choice for president.
The decision is a victory for advocacy groups and anti-Trump voters who have mounted several similar legal challenges to Trump’s candidacy under section 3 of the 14th Amendment, which was enacted after the Civil War.
Courts have rejected several lawsuits seeking to keep Trump off the primary ballot in other states.
The decision reverses a ruling by a lower court judge who found Trump engaged in insurrection by inciting his supporters to violence, but, as president, Trump was not an “officer of the United States” who could be disqualified under the amendment.
A lawyer for Trump argued that the riot at the Capitol was not serious enough to qualify as an insurrection and that Trump’s remarks to his supporters in Washington that day were protected by his right to free speech.
The lawyer contended that courts do not have the authority to order Trump removed from the ballot.
Advocates have hoped to use the case to boost a wider disqualification effort and potentially put the issue before the US Supreme Court.
The US Supreme Court’s 6-3 conservative majority includes three Trump appointees.
Source: CNA
