The Colorado
Supreme Court comprises of seven justices elected to ten-year terms. The seven
Justices select a Justice within the group to serve as Chief Justice. The Chief
Justice also serves as the executive head of the Colorado Judicial System and
the ex-officio chair of the court’s Nomination Commission. By right, Chief
Justice appoints the Chief Judge to the Court of Appeals and District Courts
and may assign active or retired judges to perform judicial duties in the
state’s courts.
The Colorado
Supreme Court is the highest court and hence the court of last resort in the
state. It has appellate jurisdiction over cases involving:
- Adjudication
of water rights.
- Summary
proceedings originating under the election code.
- Writs of
habeas corpus.
- Decisions
of the Public Utilities Commission.
- Prosecutorial
appeals regarding search and seizure questions in unresolved criminal
proceedings.
- Any
Colorado statute that has been held to be unconstitutional by a trial court.
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We all know
that the Colorado Supreme Court on Tuesday said Donald Trump is disqualified
from holding the office of the presidency under the U.S. Constitution. Section
3 of the 14th Amendment disqualifies from office those who take an oath to
support the Constitution and then engage in insurrection.
“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.”
Because he's disqualified, the state Supreme Court said in its 4-3 decision spanning 133 pages, it would be a "wrongful act" to list Trump as a candidate on the presidential primary ballot. Therefore, the court said, he can’t be on the ballot or have write-in votes for him counted.
The ruling
will be placed on hold until January 4, pending Trump’s appeal to the US
Supreme Court, which could settle the matter for the nation.
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The state
Supreme Court decision only applies to Colorado but the historic ruling will
roil the 2024 presidential campaign. Colorado election officials have said the
matter needs to be settled by January 5, which is the statutory deadline to set
the list of candidates for the GOP primary scheduled for March 5.
- Chief
justice of the Colorado Supreme Court Brian Boatright believes Colorado
election law “was not enacted to decide whether a candidate engaged in
insurrection”
- In the
absence of an insurrection-related conviction, I would hold that a request to
disqualify a candidate under Section Three of the Fourteenth Amendment is not a
proper cause of action under Colorado’s election code.
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