The Colorado Supreme Court took a significant step on Tuesday by disqualifying Donald Trump from the state’s ballots in the 2024 election. This decision was made based on Section 3 of the 14th Amendment of the United States Constitution. (Source: Atlanta News First)
According to constitutional law professor Eric Segall, it is highly likely that the U.S. Supreme Court will now hear this case.
According to Segall, a law professor at Georgia State University, the outcome of this case will have significant political ramifications not only for the United States but also for every state and the world. He believes that when the Supreme Court makes its decision, political considerations will outweigh legal technicalities.
The Colorado Supreme Court has determined that Donald Trump actively participated in an insurrection against the United States on January 6, 2021.
Section 3 of the 14th Amendment states that no person shall hold any office, civil or military, under the United States or any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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. This section is often referred to as the “Disqualification Clause” as it establishes that individuals who have participated in acts of insurrection or rebellion against the United States are barred from holding any public office.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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. But Congress may by a vote of two-thirds of each House, remove such disability.
Georgia politicians wasted no time in responding to the ruling.
In a recent tweet, Rep. Marjorie Taylor-Greene expressed her strong belief that the election in Colorado was stolen from the people, along with their right to vote for President Trump. She called it an unprecedented violation of the First Amendment and urged the Supreme Court to intervene and rectify the situation. According to her, this injustice cannot be tolerated.
In the past year, Rep. Taylor-Greene faced similar challenges regarding allegations of violating the insurrectionist’s clause of the 14th Amendment.
Georgia Secretary of State Brad Raffensperger acknowledged a judge’s determination in May 2022 that Greene met the requirements to seek re-election.
Former Lt. Gov. Geoff Duncan expressed his lack of surprise at the events of January 6, 2021, stating that it is not unexpected considering how the majority of Americans, including Republicans, felt on that evening.
The decision of the Colorado Supreme Court is not yet final. As of now, it has been temporarily stayed until January 4th, which is just a day before the deadline for primary ballots. Furthermore, there is a high possibility that the case will be appealed to the United States Supreme Court.
According to Segall, he believes that Trump should be able to run for the 2024 election. He argues that the U.S. Supreme Court does not have definitive evidence that the former president was involved in the insurrection.
“I believe that disqualifying Donald Trump is not a clear-cut decision because the question of whether he engaged in an insurrection is a matter of debate. It’s uncertain whether he did or didn’t. Reasonable individuals can have differing opinions on this matter. In order to disqualify the leading candidate of the Republican party and the former president, we need to have a definite answer,” Segall expressed.
According to Segall, determining whether or not Trump should hold office again should be left to the polls, even though he personally believes that Trump should not be in office.