Colorado Supreme Court excludes Donald Trump from presidential primaries

Spectacular verdict - Colorado Supreme Court excludes Donald Trump from presidential primaries

It is a ruling with potentially enormous consequences: According to the Supreme Court of Colorado, former US President Donald Trump must be disqualified from running for the White House in the state. The Republican disqualified himself for the office of president with his behavior in connection with the storming of the US Capitol on 6 January 2021, according to the court's decision published on Tuesday evening (local time). This means that his name may not appear on the ballot papers for his party's primaries.

A spokesperson for Trump announced that he would appeal immediately and called the decision "deeply undemocratic". It can be assumed that the issue will ultimately have to be clarified by the country's Supreme Court. If the Supreme Court accepts the case, the further development of the 2024 presidential election will be in its hands.

The background to the ruling is that various plaintiffs in different US states are trying to remove Trump's name from the ballot papers for the 2024 presidential election. His opponents are arguing on the basis of a constitutional amendment that excludes people from elections who have instigated a "rebellion" against the constitution. The 77-year-old wants to enter the White House once again for the Republicans. He leads by a wide margin in internal party polls. So far, everything points to a re-run of the election campaign between Trump and incumbent President Joe Biden.

Donald Trump off the ballot? Clarification by the US Supreme Court likely

The so-called insurrection ban in the 14th Amendment to the Constitution states that no one may hold a higher office in the state who has previously participated in an insurrection against the state as a public official. Although the passage mentions some examples of such higher offices, it does not explicitly mention the office of president. The Supreme Court of Colorado has now dealt with the question of whether the clause also refers to the office of president - and concluded that this is the case.

However, the court postponed its decision until shortly before the ballot papers are printed at the beginning of January or until the Supreme Court has clarified the matter. Trump's supporters stormed the seat of parliament in Washington on January 6, 2021. Congress had convened there to formally confirm the victory of Democrat Joe Biden in the presidential election. Trump had previously incited his supporters during a speech. Five people died as a result of the riots.

Plaintiffs in other states failed

A spokesperson for Trump emphasized that the Supreme Court of Colorado had made "a completely wrong decision". There is full confidence that the country's highest court, the Supreme Court, will quickly rule in Trump's favor and finally put an end to "these un-American lawsuits", according to a statement from Trump's spokesman Steven Cheung.

In states such as Michigan and Minnesota, plaintiffs have already failed in their action against Trump - but appeals are ongoing. In Colorado, too, the Republican initially scored a victory in a lower court. The judge of a lower court had ruled - unlike the state's Supreme Court - that the ban on insurrection enshrined in the 14th Amendment to the Constitution did not explicitly apply to the office of president due to the vague wording of the law. From this, she concluded that Trump could remain on the ballot in Colorado for the Republican primaries.

However, even then, the judge wrote: "The Court concludes that Trump acted with the specific intent to incite political violence and direct it against the Capitol in order to disrupt the certification of the election results."

Supreme Court of Colorado: Aware of the implications

The Supreme Court of Colorado agreed with the judge's assessment. All seven judges there were nominated by Democrats. The ruling, which was decided by four votes to three, states that after examining the facts of the case, the court also came to the conclusion that Trump had intended to incite violence and riots with his speech on January 6 in order to prevent a peaceful transfer of power.

The court was also aware of the scope of the decision - and did not come to its conclusions lightly. It was also aware of its duty to apply the law without being influenced by the public reaction to the decision. The state's Chief Electoral Inspector announced that she would comply with the court's ruling.

All eyes on Washington

It remains to be seen whether the US Supreme Court will accept the case. However, it is considered likely - as a question of constitutional importance must be clarified here. During his time in office, Trump had shifted the majority in the court significantly to the right: to six of the nine seats. Nevertheless, the Supreme Court did not always rule in his favor - for example on the issue of the release of his tax documents.

There is currently another Trump case with major implications before the judges in Washington. Trump has been charged with attempted election fraud in the US capital in connection with the storming of the Capitol. The public prosecutor's office has asked the Supreme Court to clarify the question of whether Trump can be prosecuted for actions in office. The prosecution in this important case against Trump stands or falls with the court's answer.