sherwin9_ED JONESAFP via Getty Images_trump Ed Jones/AFP via Getty Images

Will Trump Be on the Ballot?

Following a Colorado Supreme Court ruling disqualifying Donald Trump as a presidential candidate in the state, the US Supreme Court now must also weigh in. It is a fraught time for the republic, and for the high court itself.

NEW YORK – On March 5, 2024, the people of Colorado will vote in a “primary election” to determine which candidates can compete for the US presidency in November. The question now looming is whether former President Donald Trump’s name will appear on the Republican Party’s primary ballot.

In a recent decision – variously characterized as a “bombshell,” “explosive,” and “a huge moment for democracy” – the Supreme Court of Colorado answered “no.” A 4-3 majority on the court ruled that Trump’s fate was sealed by Section 3 of the Fourteenth Amendment, which prohibits “insurrectionists” from holding federal or state office.

The Court’s decision follows from a lower state court determination that Trump engaged in insurrection in late 2020 and early 2021, by knowingly and intentionally seeking to disrupt the orderly transition of power. In addition to lying about election fraud, he also incited his followers to disrupt the counting of electoral votes, and simultaneously participated in a plan to replace certified state electors with fake pro-Trump slates. The Court concluded that these actions amounted to an active rebellion against the US Constitution.