The unelected justices of the Colorado Supreme Court docket dominated on Tuesday that the folks of Colorado cannot vote for former President Donald Trump on the poll for the 2024 presidential election.
The choice, handed by a slim margin, was led by 4 justices whose ruling has sparked a fierce debate about authorized requirements and democratic rules.
In response to CBS News, “lawsuits challenging Trump’s candidacy have been filed in more than 25 states ahead of the 2024 election.”
BREAKING: The Colorado Supreme Court docket on Tuesday disqualified Trump from the 2024 poll.
The authorized theories are based mostly on Part 3 of the US Structure’s 14th Modification which states public officers who’ve “engaged in insurrection or rebellion against” the US could also be… pic.twitter.com/6UrRglYrPT
— The Gateway Pundit (@gatewaypundit) December 20, 2023
The case in Colorado, instigated by a far-left organization, argued that Mr. Trump needs to be barred from the poll underneath Part 3 of the 14th Modification over allegations of revolt. Regardless of a decrease courtroom’s ruling that famous whereas Trump engaged in alleged “insurrection” by inciting the Capitol occasion, the Modification doesn’t apply to presidential candidates particularly; the Supreme Court docket’s majority noticed issues in another way.
Democrat choose Sarah Wallace, who oversaw the lawsuit to take away former President Donald Trump from the 2024 election poll, rejected the challenge final month.
In her ruling, Wallace wrote:
“While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to “support” the Structure whereas the Presidential oath is to “preserve, protect and defend” the Structure, it seems to the Court docket that for no matter motive the drafters of Part Three didn’t intend to incorporate an individual who had solely taken the Presidential Oath.”
Wallace wrote in her conclusion:
Pursuant to the above, the Court docket ORDERS the Secretary of State to position Donald J. Trump on the presidential main poll when it certifies the poll on January 5, 2024.
Then, earlier this month, the authorized problem to dam Trump from the 2024 presidential poll in Colorado, citing the 14th Modification, headed to the state’s supreme court.
It needs to be famous that Trump has not been charged with partaking in revolt or revolt towards the USA. Trump advised his supporters to be PEACEFUL!
On Tuesday, 4 justices of the Colorado Supreme Court docket forged their votes in favor of excluding former President Donald Trump from the state’s 2024 presidential poll.
In response to the ruling, “In this appeal from a district court proceeding under the Colorado Election Code, the supreme court considers whether former President Donald J. Trump may appear on the Colorado Republican presidential primary ballot in 2024. A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. The court stays its ruling until January 4, 2024, subject to any further appellate proceedings.”
All seven present justices on the Colorado Supreme Court docket have been appointed by Democratic governors. This has been the case since 2021.
The present justices and their appointing governors are:
- Justice Carlos Armando Samour Jr. (appointed by Invoice Ritter in 2010)
- Justice Monica M. Márquez (appointed by Governor Invoice Ritter, Jr in 2010)
- Chief Justice Brian Boatright (appointed by John Hickenlooper in 2011)
- Justice William W. Hood, III (appointed by Governor John Hickenlooper in 2014)
- Justice Richard L. Gabriel (appointed by Governor John Hickenlooper in 2015)
- Justice Melissa Hart (appointed by Governor John Hickenlooper in 2017)
- Justice Maria E. Berkenkotter (appointed by Jared Polis in 2021)
Listed here are the 4 justices who voted to disqualify Trump from holding the workplace of President underneath Part Three.
The three justices of the Colorado Supreme Court docket who opposed the bulk determination to exclude Donald Trump from the state’s main poll introduced a variety of causes for his or her dissent.
CNN reported:
Justice Carlos Samour stated that he agreed with the bulk’s discovering that the Structure “bars from public office anyone who, having previously taken an oath as an officer of the United States to support the federal Constitution, engages in insurrection.”
However he raised due course of considerations and took concern with the bulk’s determination to make use of state regulation “as an engine to provide the necessary thrust to effectuate” the so-called federal insurrectionist ban.
“My colleagues in the majority concede that there is currently no legislation enacted by Congress to enforce Section Three. This is of no moment to them, however, because they conclude that Section Three is self-executing, and that the states are free to apply their own procedures (including compressed ones in an election code) to enforce it. That is hard for me to swallow,” he wrote, referring to Part 3 of the 14th Modification.
Chief Justice Brian Boatright wrote in his dissent that he believes Colorado election regulation “was not enacted to decide whether a candidate engaged in insurrection,” and stated he would have dismissed the problem to Trump’s eligibility.
“In the absence of an insurrection-related conviction, I would hold that a request to disqualify a candidate under Section Three of the Fourteenth Amendment is not a proper cause of action under Colorado’s election code,” he wrote.
Justice Maria E. Berkenkotter wrote in her dissent that she didn’t suppose Colorado state courts had the authority to determine whether or not a presidential candidate will be disqualified underneath the “insurrectionist ban.”
She stated the bulk “construes the court’s authority too broadly,” and that the decrease courtroom erred when it determined to not grant Trump’s request to toss the case out.
Home Speaker Mike Johnson wrote, “Today’s ruling attempting to disqualify President Trump from the Colorado ballot is nothing but a thinly veiled partisan attack. Regardless of political affiliation, every citizen registered to vote should not be denied the right to support our former president and the individual who is the leader in every poll of the Republican primary. We trust the U.S. Supreme Court will set aside this reckless decision and let the American people decide the next President of the United States.”
Congressman Troy Nehls wrote, “The Colorado Supreme Court has removed President Trump from the ballot under the 14th Amendment. These justices are a disgrace to our country. The court’s ruling is just more election interference. America stands with President Trump.”
Kari Lake wrote, “In an unprecedented decision, partisan judges on the CO SCOTUS just REMOVED the leading presidential candidate from the ballot. Overturning over a century of judicial precedent. This is HISTORIC election interference. SCOTUS MUST overrule.”
Lake added, “The radical left think they can dictate the rights & freedoms that we are allowed to have. They don’t think we should be allowed to pick our leaders. That’s why you’re seeing this legal tyranny. They want to rule over hardworking, patriotic Americans like the tinpot dictators they are. We can’t let them win. I’m running for Senate because I refuse to let my two beautiful children grow up in a Third World country. We need to rally around our rule of law. We need to send President Trump back to the White House, where he can stomp out this corruption once & for all.”
The Trump marketing campaign has weighed in on the Supreme Court docket’s outrageous ruling. Spokesman Steven Cheung unleashed a fiery response blasting the Court docket, Biden, and the unconventional left Soros group who introduced the go well with.
“Unsurprisingly, the all-Democrat-appointed Colorado Supreme Court docket has dominated towards President Trump, supporting a Soros-funded, left-wing group’s scheme to intrude in an election on behalf of Crooked Joe Biden by eradicating President Trump’s identify from the poll and eliminating the rights of Colorado voters to vote for the candidate of their selection.
Now we have full confidence that the U.S. Supreme Court docket will shortly rule in our favor and at last put an finish to those un-American lawsuits.”
