The Colorado Supreme Court took the unprecedented step of ordering Donald Trump removed from the 2024 presidential ballot on Tuesday, finding him constitutionally ineligible to hold future office. Trump's campaign said it would appeal the decision to the U.S. Supreme Court.
The Dec. 19, unsigned opinion was the first by any state supreme court to address head-on the substantive arguments of Trump's or any presidential candidate's eligibility, given the allegations that Trump engaged in an insurrection on Jan. 6, 2021.
"We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach," the opinion from the four-justice majority read.
The majority noted it had "little difficulty" concluding there was sufficient evidence to deem the deadly mob attack of Jan. 6 an insurrection, and that Trump's own actions to stop the certification of President Joe Biden's victory were directly linked to the insurrection.
Three justices dissented: Chief Justice Brian D. Boatright and Justices Carlos A. Samour Jr. and Maria E. Berkenkotter. Each took issue with the procedures of the eligibility challenge and did not dispute the substantive findings about whether Trump's actions amounted to insurrectionist, disqualifying conduct. The court put its ruling on hold to accommodate a likely appeal to the U.S. Supreme Court.
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