For now…
The Colorado Supreme Court threw Trump off the ballot because they say he’s disqualified under the `4th Amendment for stoking an insurrection on January 6th:
The 4-3 ruling, which rests on an interpretation of the 14th Amendment, will almost certainly force the issue to the U.S. Supreme Court to resolve whether Trump, the leading candidate for the Republican nomination, is eligible to hold future public office.
“We do not reach these conclusions lightly,” the Colorado majority opinion reads. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
The court, which consists entirely of Democratic appointees, is the first in the nation to side with activists and voters who have filed numerous lawsuits claiming that Trump is barred from office under the 14th Amendment’s “insurrection clause.” That clause states that anyone who “engaged in insurrection or rebellion” after taking an oath of office to support the Constitution is forbidden from holding any public office.
The divided decision, issued just two weeks after the court heard oral arguments in the case, reverses a Denver judge’s ruling that found that while Trump had engaged in insurrection, the Constitution’s ambiguity on the matter left Trump eligible to remain on the ballot. The four-justice majority of the Colorado high court agreed with the lower-court judge that Trump engaged in insurrection — and found that he is disqualified from the ballot as a result.
Moments after the ruling, Trump vowed to appeal the decision to the Supreme Court.
The Court issued a stay allowing Trump to appeal before January 4th, the day before the ballots are scheduled to be printed. There is every reason to believe they will do it.
I would imagine that the court is going to go Trump’s way on this. They do not want to open Pandora’s box on this, creating ballot chaos in a number of states. But you never know.