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If either side appeals the court’s decision, the case will go to the U.S. Supreme Court, which has never ruled on Section 3.
DENVER — Former President Donald Trump is not allowed on the Colorado primary ballot, the state Supreme Court decided Tuesday afternoon. The justices ruled 4-3 that Trump should be disqualified from the primary ballot under Section 3 of the 14th Amendment.
However, the decision is stayed until Jan. 4, subject to any appeals, meaning Trump’s name will remain on the ballot if the decision is appealed to SCOTUS by Jan. 4.
The next step after the state Supreme Court would be the U.S. Supreme Court, which has never ruled on Section 3.
Oral arguments in the state’s highest court began nearly two weeks ago, after both a liberal group representing a small faction of Colorado Republican or unaffiliated voters seeking to disqualify Trump and the former president himself appealed a lower court’s ruling that Trump “engaged in insurrection” on Jan. 6, 2021, but can stay on the state’s ballot.
The argument centers around Section 3 of the 14th Amendment, a clause that bars people from holding office who have taken an oath to support the Constitution and “engaged in insurrection or rebellion” against the Constitution. It was created to prevent former Confederates from returning to government positions.
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