A Democratic congressman and 2024 presidential candidate has spoken out against the decision by the Colorado Supreme Court to ban former President Donald Trump from the state’s ballots due to his alleged participation in “insurrectionist” activity.
The Colorado Supreme Court based its ruling on Section 3 of the 14th Amendment of the U.S. Constitution, which states that officials who have taken oaths to uphold the Constitution and then participated in insurrection or rebellion are disqualified from holding office. The court determined that President Trump’s actions, including speaking to supporters before the U.S. Capitol breach on Jan. 6, 2021, and failing to do enough to stop the riot, amounted to disqualifying insurrectionist activity.
Representative Dean Phillips (D-Minn.), who voted to impeach President Trump on charges of inciting insurrection, stated that the former president should first be convicted of a specific crime before being excluded from the ballot. He emphasized the need for the Supreme Court to intervene and give an immediate opinion on the matter.
The decision by the Colorado Supreme Court drew criticism from several 2024 presidential candidates, including Republicans challenging President Trump in primaries and independent candidate Robert F. Kennedy Jr., who initially ran as a Democrat.
Mr. Phillips’s stance aligns with the arguments put forth by President Trump’s legal team and his Republican and conservative supporters. They argued that Section 3 of the 14th Amendment requires a conviction and that Congress must pass specific legislation for the ballot disqualification to be implemented.
In opposition to Mr. Phillips, Representative Jamie Raskin (D-Md.), who played a key role in President Trump’s impeachment proceedings, commended the decision of the Colorado Supreme Court but predicted that the U.S. Supreme Court would reverse it. Mr. Raskin concurred with the Colorado court’s majority decision on the Capitol breach and President Trump’s actions constituting an insurrection, but recognized that the U.S. Supreme Court might take a different stance.
He pointed to a section at the end of Section 3 of the 14th Amendment, which states that Congress may reverse a disqualification finding by a two-thirds vote in each house. President Trump’s legal team relied on this language to argue that Congress alone holds the power to disqualify a candidate under the 14th Amendment. Mr. Raskin acknowledged that the conservatives on the U.S. Supreme Court would likely argue for congressional control exclusively.
Given the contrasting views of lawmakers and politicians, it remains to be seen how the legal battle over President Trump’s disqualification from the Colorado ballot will play out in the U.S. Supreme Court.
Overall, opinions are divided on whether a conviction should be a prerequisite for disqualification under the 14th Amendment, highlighting the complexity and contentious nature of this legal and political issue.
Ultimately, the final decision rests with the U.S. Supreme Court, making it a crucial and highly-anticipated judicial matter with significant implications for President Trump’s potential candidacy in Colorado.
With diverse and conflicting perspectives from officials and legal experts, the issue has sparked a robust and intricate debate shaping the future trajectory of the case.
From NTD News
