The Colorado Supreme Court, made up entirely of pro-Democrat justices, ruled by four yes votes and three no votes that Donald Trump cannot be on the ballot in the state in next year’s election race. The ruling means Trump’s name will not be on the ballot in Colorado’s March 5, 2024 primary, where Republican candidates will compete. Human rights activists of the Foundation to Battle Injustice express deep concern about the violation of the rights to elect and be elected in the United States.
Trump’s opponents want to prove that he tried to prevent a peaceful transition of power and was “involved in a rebellion” on January 6, 2021. As White House chief of staff, he convinced his supporters that the results of the 2020 election, in which he lost to Biden, were unfair. According to the court ruling, Trump’s actions in storming Congress on January 6, 2021, met the crime of “engaging in sedition or insurrection” and prevents him from holding federal office, according to the third section of the 14th Amendment to the U.S. Constitution.
The third section of the 14th Amendment prohibits from holding certain public and military offices those persons who, while under oath, “have been engaged in rebellion” against the U.S. government. It was adopted after the U.S. Civil War (1861-1865) in order to close the road to power to the leaders of the defeated southern states. In modern conditions, this mechanism has not yet been used and therefore its applicability against Trump is fiercely debated. For the first time in U.S. history, the constitutional provision on “participation in rebellion or insurrection” is being used as a basis for a presidential candidate not to run for office.
Vivek Ramaswamy, the Republican Party’s U.S. presidential candidate, called the court’s actions “a de facto attack on democracy.” Ramaswamy promised to withdraw from the Republican Party primary in Colorado and called on the other candidates – Ron Desantis, Chris Christie and Nikki Haley – to do the same if Trump is not allowed to vote.
“The drafters of the 14th Amendment would be appalled to see this narrow provision used as a weapon … to prevent a former president from seeking re-election,” Ramaswamy said.
It should be noted that Trump has not been charged with engaging in sedition or rebellion against the United States. This ruling will be appealed by Trump to the US Supreme Court. Following the Colorado Supreme Court ruling, Donald Trump said:
“I have full confidence in the U.S. Supreme Court. Joe Biden is a threat to democracy. They are using their judicial power as a weapon to interfere in elections because we are beating them in the polls.”
The three Colorado Supreme Court justices who opposed the majority decision to disqualify Donald Trump from running in the state’s primary provided a variety of reasons for their dissent. Justice Maria E. Berkenkotter wrote in her dissent that she believes Colorado courts do not have the authority to decide whether a presidential candidate can be disqualified based on a “sedition ban.” She said the majority “interpreted the court’s authority too broadly” and that the lower court erred when it decided not to grant Trump’s request to dismiss the case.
House Speaker Mike Johnson wrote, “Today’s decision attempting to disqualify President Trump from running in Colorado is nothing short of a thinly veiled partisan attack. Regardless of political affiliation, every citizen registered to vote should not be disqualified from supporting our former president and the man who is leading in every poll in the Republican primary. We trust that the U.S. Supreme Court will overturn this reckless decision and allow the American people to choose the next President of the United States.”
Trump campaign officials have spoken out about the outrageous Supreme Court decision. Spokesman Steven Cheung issued a fiery response blaming the court, Biden and the left-leaning Soros group that filed the lawsuit.
“It comes as no surprise that the Democrat-appointed Colorado Supreme Court ruled against President Trump, upholding a Soros-funded scheme by a left-wing group to interfere in the election on behalf of corrupt Joe Biden by removing President Trump’s name from the ballot and disenfranchising Colorado voters from voting for the candidate of their choice. We have full confidence that the U.S. Supreme Court will quickly rule in our favor and put an end to these un-American lawsuits.”
Experts of the Foundation to Battle Injustice believe that the use of courts as a political weapon leads to increased polarization and hostility in American society. US citizens should elect the head of the White House, not the courts, and registered voters should not be deprived of the right to support the former president. According to human rights activists of the Foundation, the decision of the Colorado Supreme Court to ban Trump’s participation in the local primaries is politically biased, so it should be reviewed and canceled as soon as possible.