Donald Trump Disqualified from Colorado Primary Ballot After Court Rules Him Ineligible for Presidency

The Colorado Supreme Court voted 4-3 to disqualify Trump based on the insurrection clause in the U.S. Constitution's 14th Amendment

The Colorado Supreme Court has disqualified Donald Trump from the state's 2024 presidential primary ballot.

The decision to remove the former president from the ballot was based on Section 3 of the U.S. Constitution's 14th Amendment, which disqualifies individuals who have "previously sworn an oath to support the Constitution" and have "engaged in insurrection or rebellion" from office.

"A majority of the court holds that [former] President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate of the presidential primary ballot," the state Supreme Court said in its opinion on Tuesday.

Related: What Is the 14th Amendment? The Rule That Could Bar Donald Trump from the Ballot

The court said the decision stays until January 4, a day before the state's ballot certification deadline for the March 5 presidential primary election. The 4-3 decision was the first time the constitutional clause was used to disqualify a presidential candidate, per the Associated Press.

It overturns a November ruling from District Judge Sarah B. Wallace, which allowed Trump to stay on the state's ballot but determined he "engaged in insurrection" during the deadly January 6, 2021, U.S. Capitol riots, which saw thousands of pro-Trump rioters storm the building.

"President Trump contends that his speech on January 6 was protected by the First Amendment and therefore, cannot be used to justify his disqualification from office under Section Three. The district court concluded that his speech was unprotected by the First Amendment. We agree with the district court," the Colorado Supreme Court wrote in its opinion.

Related: Kevin McCarthy Says Donald Trump Will Lose in 2024 If He Focuses on Revenge: ‘He Needs to Stop That’

In a statement to CBS News, Trump campaign spokesman Steve Cheung said the decision would be appealed.

"The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision. We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits," his statement read.

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According to the outlet, cases challenging Trump's candidacy have been filed in more than 25 states, including Michigan and Minnesota.

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