from ZeroHedge:
The Colorado Supreme Court has disqualified Donald Trump from Colorado’s 2024 presidential election ballot, and in a 4-3 ruling has effectively blocked Trump from seeking the presidency because of his role in the Jan. 6 Capitol attack, citing the post-Civil War-era 14th Amendment to the US Constitution that bans insurrectionists from holding public office. The Colorado case was the first constitutional challenge to Trump’s 2024 run to go through a full trial.
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Voters, represented by the advocacy group Citizens for Responsibility and Ethics, had argued he should be barred from the ballot for inciting the Jan. 6, 2021 attack on the US Capitol.
Colorado’s highest court – whose seven-member bench was entirely appointed by Democratic governors – overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.
In its ruling, the Democrat-controlled court found that Trump engaged in insurrection by inflaming his supporters with false claims of election fraud and directing them to the Capitol. The state justices determined that the office of the president is covered under the insurrection clause, which specifically lists those who previously took oaths to support the Constitution as “a member of Congress,” “officer of the United States,” “member of any State legislature” or an “executive or judicial officer of any State.” The district court had previously ruled that the office of the president was not covered under the clause.
The majority opinion was unsigned but joined by four of the seven justices.
Those who voted for fascism are the following four Democrat-appointed judges:
Three justices dissented from Tuesday’s decision: Chief Justice Brian Boatright, Carlos Samour and Justice Maria Berkenkotter. Each wrote separate dissents taking issue with how the plaintiffs brought their 14th Amendment lawsuit using a provision of Colorado election law.
Berkenkotter wrote that “the majority construes the court’s authority too broadly.”
“The questions presented here simply reach a magnitude of complexity not contemplated by the Colorado General Assembly for its election code enforcement statute,” wrote Boatright. “The proceedings below ran counter to the letter and spirit of the statutory timeframe because the Electors’ claim overwhelmed the process.”
Samour similarly wrote that Colorado’s election law provides no “engine” for such a lawsuit, also noting that no federal legislation existed to enforce the 14th Amendment’s insurrection clause.
“Even if we are convinced that a candidate committed horrible acts in the past—dare I say, engaged in insurrection—there must be procedural due process before we can declare that individual disqualified from holding public office. Procedural due process is one of the aspects of America’s democracy that sets this country apart,” Samour wrote.
Ironically, all this ruling will do is further cement Trump’s status as leading presidential candidate as it not only affirms his status as target #1 of the Biden Department of Justice and liberal court system, but will test the Conservative-dominated Supreme Court appeal over its interpretation of the 14th Amendment, which according to many including a Colorado District court, does not apply to the Presidency.
Indeed, as Vivek Ramaswami observed, the 14th Amendment was part of the “Reconstruction Amendments” that were ratified following the Civil War. “It was passed to prohibit former Confederate military and political leaders from holding high federal or state office. These men had clearly taken part in a rebellion against the United States: the Civil War. That makes it all the more absurd that a left-wing group in Colorado is asking a federal court to disqualify the 45th President on the same grounds, equating his speech to rebellion against the United States.”
