Three reasons Colorado’s Trump decision might not kill former president’s 2024 hopes
December 20, 2023 01:55 PM
The Colorado Supreme Court’s historic ruling on Tuesday that former President Donald Trump is disqualified from holding the office of the presidency under the Constitution’s insurrection clause might not upset his 2024 hopes.
The landmark decision used Section 3 of the 14th Amendment for the first time to block a presidential candidate from running for office, citing Trump “engaged in” insurrection based on his actions surrounding the Jan. 6 Capitol riot.
The Supreme Court will make the decision
Trump’s campaign said it would appeal the decision to the U.S. Supreme Court following Colorado’s verdict. While the Supreme Court is not required to take on the case, it is almost guaranteed to take it up.
The state Supreme Court put the ruling on hold until Jan. 4 to allow for appeal. Under the court’s order, if the U.S. Supreme Court reviews the decision before the Colorado Republican primary, which is scheduled for March, the pause will still apply, and Trump’s name will appear on the primary ballot.
It’s unclear when the highest court in the nation would take up the case, while other states have ruled differently on separate lawsuits regarding the 14th Amendment.
Similar efforts in other states have failed
Colorado is the first state to declare Trump should not be on the primary ballot because of his alleged role in the Capitol riot, but multiple states have seen similar suits.
Last month, the Minnesota Supreme Court ruled against a petition to keep Trump off the 2024 ballot, stating the state party can put anyone on its primary ballot. However, the judges said a subsequent challenge could be filed if Trump is the Republican nominee for the general election.
The Michigan Court of Appeals reaffirmed two lower court rulings last week that Trump can stay on the GOP presidential primary ballot. A liberal group is appealing a ruling to the state’s Supreme Court.
Several other states have similar pending lawsuits, including Wisconsin, Oregon, Nevada, Virginia, New Mexico, and New York. Florida, Rhode Island, and New Hampshire have dismissed similar lawsuits against Trump, setting a precedent that Colorado’s ruling could be an isolated case.
Colorado is no longer considered a presidential swing state
If the Supreme Court does uphold the state Supreme Court’s ruling, losing Colorado might not be an end-all for Trump if he’s the Republican nominee, as the state is likely to support President Joe Biden in the general election.
Colorado has lost its battleground status, voting with the Democrats in the last four presidential elections. The state hasn’t voted for a Republican president since 2004 for then-President George W. Bush.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
While Trump won the general election in 2016, he lost in Colorado by 5 points to former Secretary of State Hillary Clinton. Biden beat Trump by a 13.5-point margin in 2020, further enhancing Colorado’s blue status.
Biden is leading Trump in a hypothetical 2024 ballot test among Colorado voters by 42% to 38%, according to an Emerson College poll in October.