In an unprecedented move, the Supreme Court of Colorado has disqualified former President Donald Trump from running in the state for the 2024 United States Presidential election.

In this case (known as Anderson v. Griswold), the Court ruled in a 4-3 opinion that he was ineligible to hold office since Trump had engaged in insurrection.

This decision was based on the 3rd section of the 14th Amendment in the United States Constitution, which states, “No person shall… hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath… as an officer of the United States…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The insurrection in question would be the January 6 attacks on the Capitol, where Trump incited an angry mob to attack the United States Capitol in an attempt to hold onto power.

This is the first historical instance in which this provision has been used to disqualify a Presidential candidate.

Donald Trump and his legal team have protested this ruling.

They plan to appeal this case to the Supreme Court, where they can decide once and for all whether Trump can run for president.

President Joe Biden has remained neutral in his comments on the Colorado ruling, saying that while it was “self-evident” that Trump supported an insurrection, it’s up to the Supreme Court to decide whether or not the 14th Amendment applies.

On the other side of the aisle, Republicans nationwide have issued criticisms of this ruling, accusing the Supreme Court of making a politicized decision to disenfranchise Trump, as well as pointing out that all 7 of the Colorado Supreme Court justices were appointed by Democratic governors.

There is a case to be made for both sides, to be sure.

On one hand, it seems clear that Trump was not planning a peaceful transition of power on January 6, which could qualify for insurrection.

The Colorado Supreme Court certainly thought so, which was the implicit part of banning him from office.

On the other hand, some argue that it is never explicitly stated that the President is disqualified from office for insurrection, as it only specifies members of Congress and judges but only refers to “officers of the United States,” which they argue the President is not.

While this ruling only applies specifically to the Colorado Republican primary elections, the real danger for former President Trump is that other states may file similar motions to kick him off the ballot.

If enough states deem him ineligible, there is a chance that he may lose the primaries.

Currently, Trump is the favored candidate for the primaries, with an astounding 62.4% of Republicans supporting the ex-president.

Florida governor Ron DeSantis and former South Carolina governor Nikki Haley are distant seconds, with 11.7% and 10.8%, respectively.

What’s more, the former president is currently ahead of the current president in polling for several key swing states, effectively deciding the election under the Electoral College.

Even if he wins the primaries, if enough swing states find Trump ineligible, then victory will likely belong to Biden.

Paul Han 
Grade 11
Saint Paul Preparatory Seoul