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POLITICS

Trump removed from the 2024 ballot in Colorado by the Supreme Court: What happens next?

The former president has been kicked off of the Colorado ballot after a state Supreme Court ruling, setting the stage for another legal showdown.

Republican presidential candidate and former U.S. President Donald Trump attends a campaign event in Waterloo, Iowa, U.S. December 19, 2023. REUTERS/Scott Morgan REFILE - QUALITY REPEAT
SCOTT MORGANREUTERS

Donald Trump, clear front-runner for the Republican presidential nomination for the 2024 election, faces another major legal challenge as the Colorado Supreme Court ruled he cannot stand in the state.

The 4-3 decision against the former president was based upon the judges’ interpretation of the 14th Amendment to the constitution. This was ratified on 9 July, 1868, and it addresses various aspects of citizenship, equal protection under the law, and due process.

Section 3 of the 14th Amendment specifically deals with the consequences for those who have engaged in insurrection or rebellion against the US government, namely to disqualify them from holding public office.

The top court wrote in its ruling, “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.”

Trump has yet to be federally convicted for the 6 January riot, but he was found to have participated in it in a lower court judge in Colorado.

What has the reaction been to the announcement?

Donald Trump’s election team was furious and said they would file an appeal.

“Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls,” Steven Cheung, a spokesman for the Trump campaign, said.

The federal Supreme Court will likely rule on the outcome.

Legal experts noted that the result could lead to further bans in other states.

“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday’s ruling. “This is a major threat to Trump’s candidacy.”

Can Trump be banned in other states?

Courts in Minnesota have already rejected efforts to keep Trump off the Republican primary ballot, while Michigan’s result is pending. At least 31 cases have been brought to disqualify the GOP front-runner so far.

While the Colorado ban may seem bad on paper, Biden swept the state in the 2020 elections. However, should Trump be banned in a swing state then his chances of retaking the presidency would fall dramatically.