Trump v. Colorado: Colorado High Court Decision in Gorsuch’s Hands

By: Ronald W. Chapman II

Colorado Supreme Court Ousts Trump from 2024 Primary Ballot

Against the weight of prior decisions in Michigan, Arizona and other States holding that Trump may remain on the ballot the Colorado Supreme Court blazes its own trail removing Trump from the 2024 Primary Ballot.

Opinion Can be Accessed Here

After a five day trial, the Supreme Court of Colorado’s decision addresses the eligibility of former President Donald J. Trump to appear on the Colorado Republican presidential primary ballot for 2024. The key legal question revolves around the application of Section Three of the Fourteenth Amendment of the U.S. Constitution, which concerns disqualification from holding office due to engagement in insurrection.

The court found that President Trump engaged in insurrection on January 6, 2021, thereby making him ineligible under Section Three to hold presidential office. However, they also concluded that Section Three is self-executing and doesn’t require Congress to pass implementing legislation for its disqualification provision – a question most believe should be left up to a Federal Court.

Ultimately the Colorado Supreme Court held that President Trump is disqualified from holding the office of President under Section Three, and therefore, it would be unlawful to list him as a candidate on the primary ballot. The court’s decision reflects a strict interpretation of constitutional law, emphasizing the importance of upholding constitutional standards and disqualifying candidates who have engaged in insurrection.

On a Fast Track to SCOTUS – Trump has the Votes But with One Twist

The case is now on the fast track to the Supreme Court of the United States with a deadline of January 4th before the order goes into effect. SCOTUS is sure to reject Colorado’s logic. First, SCOTUS is unlikely to engage in blatant election interference – even if it lacked a conservative majority.

Second, there are too many procedural issues in brining this case to overlook. First, Colorado electors lack standing. Second, this is a political question that has been resolved by Congress. Third, most Courts agree that the 14th Amendment does not apply to POTUS because he is not an “officer” and did not swear the same oath. This, ironically, was a legal theory that many laughed at but was ultimately upheld by several State Supreme Courts.

Colorado’s decision simply will not stand which will make for an interesting Supreme Court term.

The more interesting story is what will happen from here. First, Trump will appeal to SCOTUS. Justice Gorsuch is the 10th Circuit’s justice, meaning he will have the ability to rule on pending motions – including the ability to grant a Stay. Justice Gorsuch can grant the application for a stay on his own or send it to the full bench in which case at least five would need to grant a stay.

SCOTUS does not like being forced to act quickly and it will not have briefing and argument by January 4th which means Gorsuch will grant the stay or he will ensure he has the votes from the full bench – which he does (Thomas, Roberts, Barrett, Gorsuch, Cavanaugh).

Having stayed the case and preventing removal from the ballot, Trump may very well appear on the ballot without full briefing on the issue.