Colorado has made history during this 2024 presidential election season as the Colorado Supreme Court attempts to take Donald J. Trump off of the ballot.
In a bold move that surprised many, Colorado announced its intention to exclude former President Donald Trump from the state’s ballot for the upcoming 2024 election, with the case being brought to the Colorado Supreme Court in December 2023 by a group of voters.
The case arose due to the actions Trump took surrounding the January 6th 2021 attack on the capitol. In December, the Colorado court was divided but it was decided under section three of the 14th amendment that Trump was ineligible for office and should not be featured on the ballot.
The 14th amendment section 3 of the Constitution is a very ‘gray’ area of legalities, with most cases under the 14th fall under the Commerce Clause or the Equal Protection Clause, not section three which refers to “Disqualification from Holding Office,” or otherwise known as the Disqualification Clause.
The court ended up passing the decision so that Trump could appeal the case to the U.S. Supreme Court. Being documented as the Trump v. Anderson case, with Chief Justice John Roberts taking the lead.
Chief Justice Roberts has been in the U.S. Supreme Court since 2005, and some of his landmark cases over the years include: Dobbs v. Jackson Women’s Health Organization (abortion), Citizens United v. FEC (free speech and elections), District of Columbia v. Heller (gun rights), and Obergefell v. Hodges (LGBTQ+ rights). Appointed by President George W. Bush, Roberts decisions have expanded constitutional rights to individuals, but in the last few years his decisions have become increasingly more conservative after multiple Republican-nominated justices were appointed.
With this knowledge, many believe this case becomes more of a political issue than a constitutional issue, but most information surrounding this case has not been disclosed to the public.
Every individual has their own opinions as to if Trump is eligible to be on the ballot, but it all comes down to the fact that it is only allegations of insurrection, nothing has been decided yet.
People have even come as far as calling this case “election interference” or an “attack on democracy.”
Another hiccup that arises if the court decides to take Trump off of the ballot: will it be a narrow
decision or will other states follow Colorado’s lead? One moment in recent years this happened was with Roe v. Wade being overturned, and how Oklahoma overturned the case May 2022 and several other states implemented laws surrounding the case days after the decision was made.
It is also important to note that multiple other states have attempted to act on similar bases but not one state has ever been successful in doing so. Ballots have officially been sent to households nationwide due to the need to print months in advance. With this, it will come down to if the votes for Trump will be counted or not, after the Supreme Court makes its final decision. No matter the outcome, the Colorado Supreme Court is adding another chapter to U.S. history as they attempt to terminate Trump from office.
