The Colorado Supreme Court ruled today that defeated, former President Trump cannot be on the state's ballot for inciting the insurrection which attempted to prevent the peaceful transfer of power on January 6, 2021.
The Court ruled on the basis of Section 3 of the 14th Amendment:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The Colorado Supreme Court overturned a ruling last month by Denver District Court judge Sarah Wallace who, while agreeing that Trump incited an insurrection, ruled the provision of the Constitution did not apply to the President of the United States.
I strongly suspect the conservative dominated U.S. Supreme Court will concur with Judge Wallace and overthrow the Colorado Supreme Court's decision. They will narrowly interpret the Constitution and rule the "elector of President" is not the same as the President.
If the U.S. Supreme Court were to concur with the Colorado Supreme Court's decision, then other states would invariably follow suit as Michigan and Minnesota have tried to do previously and unsuccessfully. An affirmation of the Colorado Supreme Court decision would inspire blue states to disqualify Trump and very likely red states to disqualify President Biden based on the current impeachment attempt.
At the end of the day, Trump will have to defeated at the polls yet again even if he refuses to accept such a verdict.
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