The Colorado Supreme Court ruled that Donald Trump is ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot.
The court issued several findings in its decision, including:
The Jan. 6, 2021, riot was an an insurrection
Trump "engaged in" an insurrection
Trump's speech "inciting the crowd" before the riot was "not protected by the First Amendment"
Colorado law allows voters to challenge Trump's eligibility under the insurrectionist clause
The clause can be enforced without action from Congress
The clause applies to the presidency
“We do not reach these conclusions lightly,” wrote the court’s majority. “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 court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.
Colorado officials say the issue must be settled by Jan. 5, the deadline for the state to print its presidential primary ballots.
Trump lost Colorado by 13 percentage points in 2020.
