Former President Donald Trump, the Republican Party’s 2024 front-runner, has been ruled ineligible for the White House by the Colorado Supreme Court, marking the first use of the Fourteenth Amendment’s Section 3 to disqualify a presidential candidate.
The decision was based on his alleged participation in the Capitol riot.
“President Trump did not merely incite the insurrection,” the majority wrote. (Trending: FBI Bribery Probe Caught Joe Biden’s Brother On Tape)
“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.”
Despite the stay until January 2024, pending an appeal to the US Supreme Court, the ruling could impact the 2024 election.
Trump’s legal team argues that Section 3 does not outright ban candidacy.
“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 Section 3 clause states.
“But Congress may by a vote of two-thirds of each House, remove such disability.”
“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,” Trump’s team wrote.
“This is un-American, and Democrats are so afraid that President Trump will win on Nov. 5, 2024 that they are illegally attempting to take him off the ballot,” Rep. Elise Stefanik (R-NY) stated.
The US Supreme Court’s conservative majority may play a pivotal role in the final decision.
Despite legal battles in multiple states, the impact on the election outcome, especially in Colorado, remains uncertain.
“Even if the US Supreme Court upholds the ruling, it could be inconsequential to the presidential election because Trump does not need to win Colorado and is not expected to win it in the general election,” the report noted.
The ruling has the potential to galvanize Trump’s supporters and rivals, with some candidates pledging to remove themselves from Colorado’s primary ballot in response.
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