In a recent decision by the Colorado Supreme Court, former President Donald Trump has been banned from the state’s primary ballot, causing a stir in the political landscape. This move has been met with criticism from Republicans who argue that it undermines a “bedrock principle” of American democracy. The decision has ignited a debate over the due process doctrine and the role of states in determining the eligibility of candidates.
The 4-3 ruling by the Colorado Supreme Court has drawn attention to the partisan divide within the court. Justices Carlos Samour, Maria Berkenkotter, and Chief Justice Brian D. Boatright, all appointed by Democratic governors, dissented against the decision. Justice Samour, in particular, was highly critical of the ruling, stating that it goes against the principles of due process and sets a dangerous precedent.
“The decision to bar former President Donald J. Trump — by all accounts the current leading Republican presidential candidate (and reportedly the current leading overall presidential candidate) — from Colorado’s presidential primary ballot flies in the face of the due process doctrine,” Samour wrote. “Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office,” he added.
Samour further argued that leaving the decision to individual states could lead to chaos and questioned whether this was the intention of the framers of the Constitution. The dissenting justices expressed concerns that such a decision could create divisions among state governments regarding the legitimacy of a victorious candidate.
However, supporters of the decision maintain that it was not taken lightly and was based on the evidence presented. The majority opinion stated, “President Trump did not merely incite the insurrection… Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.”
The Trump campaign has already vowed to appeal the decision to the U.S. Supreme Court, where observers believe it will likely be overturned. Similar efforts in other state supreme courts, including in blue states like Minnesota, have been dismissed. Trump campaign spokesman Steven Cheung stated, “We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”
The controversy surrounding the Colorado Supreme Court’s decision highlights the ongoing political divisions in the United States. It also raises questions about the role of state courts in determining the eligibility of candidates and the impact of these decisions on the democratic process.
As the legal battle continues, the outcome of this case could have significant implications for future elections and the ability of states to regulate their primary ballots. It remains to be seen how the U.S. Supreme Court will rule on this contentious matter.
Anders Hagstrom is a reporter with Digital, covering national politics and major breaking news events. For more updates on the 2024 campaign trail and exclusive interviews, subscribe to our newsletter.
