Your Questions About the Colorado Trump Ruling, Answered
The D.C. Brief will be back with fresh reporting in the new year. In the meantime, here's a look at some of the latest reporting from TIME, including an excerpt from Solcyre Burga's explainer on the bombshell Colorado ruling.
The Colorado Supreme Court ruled late Tuesday that former President Donald Trump is ineligible for election in the first-ever invocation of the U.S. Constitution’s insurrection clause for the presidency.
Trump was removed from the state’s presidential primary ballot in a 4-3 vote in which justices partially overturned a previous district court’s ruling on the matter. One of the issues under question was whether Section 3 of the 14th Amendment, which has an “insurrectionist ban,” disqualified Trump from being on the presidential primary ballot.
What is Section 3 of the 14th Amendment?
The 14th Amendment was ratified shortly after the Civil War to abolish slavery, but also included other provisions. Section 3 of the 14th amendment says that “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office…who, having previously taken an oath…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.”
In other words, Section 3 disqualifies people from certain positions of power if they have previously taken an oath to uphold the Constitution and engaged in an insurrection, or given some sort of aid to a U.S. enemy.
This provision was most recently applied in Sept. 2022, when a New Mexico County commissioner was removed from his position after his role in the Jan. 6 insurrection.
Trump's fellow candidates, his allies, GOP members of Congress, and right-leaning commentators are lambasting the decision as a Democratic Party attack on democracy.
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