Staff Reports
The Colorado Supreme Court was the stage for a heated battle on Wednesday as those opposed to former President Trump sought to remove him from the 2024 primary ballot. The seven justices, all appointed by Democrats, listened to arguments from both sides in what has become a highly contentious issue.
Colorado’s seven Democrat-appointed justices weigh case to remove Trump from ballothttps://t.co/YAAPP6Tc5t pic.twitter.com/mdifqEe1b7
— The Washington Times (@WashTimes) December 7, 2023
Representing the voters seeking to bar Trump from the ballot, Eric Olson argued that Trump’s actions on January 6th disrupted the peaceful transfer of power and should disqualify him from the ballot under Section 3 of the 14th Amendment. He passionately asserted that the Constitution’s Section 3 serves as the only self-defense mechanism against insurrection and rebellion, suggesting that Trump’s name should be kept off the ballot to uphold the Constitution.
However, Scott Gessler, Trump’s attorney and a former state secretary of Colorado, countered this argument by pointing out that the 14th Amendment does not specifically mention the president. He reminded the court that the drafters of the amendment intentionally excluded the presidency from the language, implying that it should not be applied to Trump.
During the over two-hour hearing, the justices raised tough questions for both sides. Justice Carlos A. Samour Jr. expressed concern about the lack of a uniform enforcement mechanism for Section 3 and questioned whether each state should decide independently on its application. Meanwhile, Justice Monica M. Marquez challenged the exemption of the president under Section 3, suggesting that it seemed illogical and unfair.
This legal battle stems from a lower court’s ruling that Trump could remain on the state’s primary ballot despite accusations of inciting violence and insurrection on January 6th. The judge, Sarah Wallace, a Democrat appointee, issued a lengthy 102-page order asserting that while Trump intentionally incited violence and an insurrection, Section 3 of the 14th Amendment did not apply to the presidency.
Although Trump faces various indictments, he has not been charged or convicted specifically for leading an insurrection. Trump’s opponents cite Section 3 of the 14th Amendment as justification for keeping him off the ballot, contending that his actions on January 6th are in violation of the Constitution.
This battle is not isolated to Colorado, as courts in multiple states, including Minnesota, Rhode Island, Florida, Arizona, and Michigan, have moved to keep Trump on their respective ballots. Even the state of New Hampshire has upheld Trump’s eligibility for the ballot amid claims of disqualification.
As the Colorado Supreme Court deliberates on this contentious issue, it has become a focal point in the ongoing political clash over the events of January 6th and their potential implications on Trump’s future political prospects.
