Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
Tuesday’s decision by a divided Colorado Supreme Court to remove former President Donald Trump from the state’s presidential primary ballot and declare him ineligible for the White House under the U.S.
Constitution’s insurrection clause set up a likely national court showdown over whether the front-runner for the GOP nomination can continue in the race.
It is the first time in history that a presidential candidate has been disqualified under Section 3 of the 14th amendment thanks to the ruling of a court whose justices were all chosen by Democratic governors.
The majority of the court rules that Section 3 of the 14th Amendment disqualifies Trump from serving as presiden
In a 4-3 ruling, the court wrote, “Amendment.”
The highest court in Colorado reversed a district court judge’s decision, finding that Trump incited an insurrection for his involvement in the Capitol attack on January 6, 2021, but holding that he could not be disqualified from the election due to the ambiguity surrounding the provision’s application to the presidency.
The court postponed making a ruling until January 4th, or until the US Supreme Court rendered a ruling in the matter.
By January 5, which is the deadline for the state to print its presidential primary ballots, Colorado officials say the matter needs to be resolved.
The majority of the court stated, “We do not reach these conclusions lightly.” We are aware of the importance and size of the questions that are currently before us.
Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
We also recognize that it is our grave responsibility to uphold the law, free from fear or favor, and unaffected by the opinions of the general public regarding the choices that the law requires us to make.
Trump’s legal team had pledged to promptly appeal any disqualification to the highest court in the country, which has the last say on constitutional issues.
In a statement released Tuesday night, Trump’s legal representative Alina Habba said: “This ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation’s democracy.”
Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
This unconstitutional order will not stand, and we have faith that the Supreme Court will overturn it.
During a Tuesday night rally in Waterloo, Iowa, Trump made no mention of the decision; however, his campaign issued a fundraising email citing what it described as a “tyrannical decision.
Ronna McDaniel, chairwoman of the Republican National Committee, called the ruling “election interference” and stated that the RNC’s legal team will support Trump in appealing the decision.
Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
Colorado was a 13-point loss for Trump in 2020, and he won’t need the state to win the presidency the following year. The risk for the former president, however, is that additional election officials and courts will decide to follow Colorado’s example and bar Trump from states where he needs to win.
In an attempt to disqualify Trump under Section 3, which was created to prevent former Confederates from entering politics after the Civil War, dozens of lawsuits have been filed across the country.
Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
It has only been applied once, and it prevents anyone who took an oath to “support” the Constitution from holding public office if they later “engaged in insurrection or rebellion” against it seldom since the ten years following the Civil War.
Following the ruling on Tuesday, Derek Muller, a law professor at Notre Dame who has been closely following the Section 3 cases, stated, “I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off.” “This poses a serious danger to Trump’s campaign.”
The plaintiffs have won in their first case, which is in Colorado. District Judge Sarah B. Wallace concluded after a week-long hearing in November that Trump had, in fact, “engaged in insurrection” by instigating the attack on the Capitol on January 6.
However, her decision to retain him on the ballot was largely procedural.
Wallace was persuaded by Trump’s lawyers that, given that Section 3 refers to “officers of the
United States” who swear to “support” the Constitution, but this oath cannot be applied to the president, who is sworn to “preserve, protect, and defend” the Constitution but is not listed in the document as a “officer of the United States.”
The clause also states that all offices “under the United States” are covered, including senatorial, representative, and presidential and vice presidential electorates. The presidency is not mentioned.
Colorado Supreme:1Court Issued A Historic Ruling Barring Donald Trump Now
The highest court in the state disagreed, siding with the lawyers for six Republican and unaffiliated voters in Colorado who contended that it was absurd to think that the amendment’s framers, who were afraid of former Confederates regaining power, would forbid them from holding low-level positions but not the nation’s highest one.
“President Trump queries the majority opinion of the court stated, “We are to hold that Section 3 disqualifies every oath-breaking insurrectionist, save for the most powerful one, and that it bars oath-breakers from virtually every office, both state and federal, save for the highest one in the land.
“Both outcomes contradict Section 3’s history and plain language.”
The decision was applauded by Citizens for Responsibility and Ethics in Washington, the left-leaning organization that initiated the Colorado case.
Its president, Noah Bookbinder, issued a statement saying, “Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government.”
The Colorado High Court was also urged by Trump’s legal team to overturn Wallace’s decision, which found that Trump encouraged the attack on January 6.
Attorneys for him claimed the former president had merely been exercising his right to free speech; he had made no threats of violence. Additionally, Trump’s lawyer Scott Gessler contended that the incident was more akin to a “riot” than an uprising.
Several justices looked at that with skepticism.
“Isn’t it sufficient that a mob acting violently broke into the Capitol building while Congress was carrying out a fundamental constitutional duty?” said Justice William W. Hood III during the arguments on December 6.
“It seems like a poster child for rebellion in some ways.”
The majority of the court rejected the claims made by Trump’s supporters that he was not accountable for the violent attack, which was meant to prevent Congress from certifying the presidential vote, in its decision on Tuesday.
Following that, President Trump delivered a speech in which he essentially urged his followers to fight at the capitol,” they penned.
Hood, Melissa Hart, Monica Márquez, and Richard L. Gabriel of the Colorado Supreme Court made the decision in favor of the petitioners.
Chief Justice Brian D. Boatright dissented, claiming that a state hearing was insufficient to resolve the constitutional issues because they were too complicated.
Carlos Samour and Maria E. Berkenkotter, two justices, also dissented.
In his dissent, Samour stated that “our government cannot deprive someone of the right to hold public office without due process of law.”
“We cannot declare a candidate disqualified from holding public office until due process has been followed, even if we are convinced that they have engaged in insurrection or horrific acts in the past.”
The Minnesota Supreme Court determined last month that the Colorado decision is in contrast to the allies hurried to his aid, denouncing the choice as “un-American,” “insane,” and indicative of a politically driven plot to derail his candidacy.
Elise Stefanik, chair of the House Republican Conference, released a statement saying, “Four partisan Democrat operatives on the Colorado Supreme Court think they get to decide for all Coloradans and Americans the next presidential election.”
READ MORE:
1. Health and Fitness Tips for You
2. Upcoming New Movies
3. Get New Jobs Directly From Companies FREE Visa
4.Latest News of Cryptocurrency and Bitcoin
5. Real Estate Business for you
6. Latest News
7. Best Insurance Policy for Everyone
READ MORE:
- 1. Strategic Management Process: Top5 Jobs In Dubai FREE VISA Apply Now
- 2. Vancouver Time fighting for $12,000 in travel insurance Nightmare FREE
- 3. DIABETIC DIET : A PROFESSIONAL’S GUIDE TO A WARM AND WELL-BEING
- 4. NICOLAS CAGE STATES : HE HAS 3 OR 4Â MORE MOVIES LEFT NOW
- 5. EMPRESS CRACKS: FOR THEÂ FIRST TIME SINCE APRIL
- 6. DESPITE MEANING: DESPITE HIGH RATES, MORE US HOMEÂ BUYERS ARE WILLING TO BUY
- 7. A 44-YEAR-OLD BOSTON WOMAN WAS KILLED BY A SHARK ATTACK INÂ THE BAHAMAS WHILE ON VACATION
