Former President Donald Trump is disqualified from serving as US president and cannot appear on the primary ballot in Colorado because of his role in the Jan. 6, 2021, attack on the US Capitol by his supporters, the state’s top court ruled Tuesday.
The historic 4-3 ruling by the Colorado Supreme Court, likely to be taken up by the US Supreme Court, makes Donald Trump the first presidential candidate deemed ineligible for the White House under a rarely used constitutional provision that bars officials who have engaged in “insurrection or rebellion” from holding office.
The ruling applies only to Colorado’s March 5 Republican primary but it could affect Trump’s status in the state for the Nov. 5 general election. Nonpartisan US election forecasters view Colorado as safely Democratic, meaning that President Joe Biden will likely carry the state regardless of Trump’s fate there.
Donald Trump vowed to appeal the ruling to the US Supreme Court, and the Colorado court said it would delay the effect of its decision until at least Jan. 4, 2024, to allow for an appeal.
The ruling sets the stage for the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, to consider whether Trump is eligible to serve another term as president.
The lawsuit is viewed as a test case for a wider effort to disqualify Trump from state ballots under section 3 of the 14th Amendment, which was enacted after the US Civil War to keep supporters of the confederacy from serving in the government.