Former President Donald Trump, the Republican Party’s 2024 front-runner, was booted off the primary ballot in Colorado Tuesday night after four Democrat-appointed state Supreme Court justices ruled that he was ineligible for the White House.
It marked the first time in American history that Section 3 of the Fourteenth Amendment — which disqualifies insurrectionists from office — has been used to deem a presidential candidate ineligible for the White House.
Here, The Post delves into what the landmark decision could mean for the 2024 presidential election.
Four of the seven Colorado Supreme Court justices ruled Tuesday night that Trump, 77, took part in a rebellion against the United States when his supporters ransacked the Capitol on Jan. 6, 2021, delaying the certification of President-elect Joe Biden’s 2020 election win.
“President Trump did not merely incite the insurrection,” read the majority opinion.
“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President [Mike] Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
“These actions constituted overt, voluntary and direct participation in the insurrection.”
However, the majority also noted that Trump has not been convicted of inciting an insurrection by a jury, and the Colorado Supreme Court did not have the right to subpoena records or compel witnesses to testify — among other rights afforded to criminal defendants.
Often referred to as the Disqualification Clause, Section 3 of the Fourteenth Amendment was ratified in 1868, three years after the end of the Civil War.
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” the clause states.
“But Congress may by a vote of two-thirds of each House, remove such disability.”
There are a number of debates surrounding that language, such as what precisely constitutes an insurrection and whether it prohibits someone from running for president.
Trump’s legal team previously argued that the clause does not outright ban anyone from seeking office.
There are a number of debates surrounding that language, such as what precisely constitutes an insurrection and whether it prohibits someone from running for president.
“Section Three of the Fourteenth Amendment does not prohibit someone from running for office — it prohibits someone from holding office, and even then, only if Congress chooses not to lift the prohibition,” his team wrote in an October filing.
Yes. Elections are run by individual states, and it is not uncommon for candidates to appear on the ballot in some states but not others.
Technically, Trump is still allowed to be on the Colorado ballot until Jan. 4, 2024, because the state Supreme Court opted to stay its decision until then, pending an expected appeal to the US Supreme Court
Colorado’s Republican primary is slated for March 5, 2024, though the state GOP has said it will switch to a caucus system if the ballot ban is upheld.
Section 3 has been invoked on at least eight occasions since it went into effect, according to Citizens for Responsibility and Ethics, which helped bring the Colorado case against Trump.
Five of those actions were taken against former Confederates, one of whom — Zebulon Vance — was elected to the Senate from North Carolina after the Civil War and served in that post for 15 years.
A more recent case is of Socialist Rep. Victor Berger of Wisconsin, who was denied his House seat after his conviction under the Espionage Act in 1919 for opposing US involvement in World War I. His conviction was overturned by the Supreme Court in 1921 and he was elected to Congress three more times.