The Colorado State Supreme Court Ruling

The Colorado Supreme Court, in a 4-3 vote, has issued a ruling that would keep Donald Trump off the presidential ballot in that state in 2024. They base their reasoning on Section III of the 14th Amendment. That is a Civil War era amendment that states:

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.

Similar lawsuits have been filed in several other states. 

I must preface this by reminding the reader that I am neither a lawyer nor a Constitutional expert. Nevertheless, my opinion is that this ruling is wrong and will be reversed on appeal by the US Supreme Court. The ruling is based entirely on the above-mentioned amendment. It is also based on the apparent opinion of the majority judges that Trump did, in fact, engage in insurrection or rebellion against the US Government. Many people share that opinion, but it is just that, an opinion. 

It appears here that the judges have taken on the roles of investigator and juror. The problem is that Trump is not convicted of insurrection or rebellion. In fact, he is not even charged with such crimes. He is charged in connection with the January 6 incident and conspiracy to overturn the election result, but that case has yet to be tried. Yet, the Colorado decision means that the judges can rule based on their own opinion that Trump engaged in insurrection or rebellion. Wouldn’t it be better to wait until he is convicted of such charges?

This highlights the danger that activist judges pose. In this case, it appears that Democrat-appointed judges (all the judges, including the 3 dissenting judges, are Democrat-appointed) have not only put their hands on the scales of justice, but our election system as well. 

How ingenious this is. Trump is leading in all the polls. For the Republican nomination, he is way ahead of his closest competitors. The indictments have not changed that fact. He also leads Biden by a few points. Clearly, the left and the Democrats are alarmed. But now they have come up with what appears to be a knockout blow. That is to disqualify him from the ballot based on this amendment that was originally drafted to preclude former Confederate officials from participating in the government. If this ruling stands, and other states follow suit, Trump has no chance. Is this what our democracy is becoming?

You add this to all the other Democrat tricks, mail-in ballots, ballot harvesters, restoration of voting rights for convicted felons, lower the voting age to whatever, and open borders with a “pathway to citizenship” for illegal migrants. Step by step, the Democrats are trying to lay the groundwork for making the Republican party all but irrelevant far into the future. Say hello to a one-party nation. Say goodbye to democracy. 

This decision cries out for a quick reversal. Presently, Trump stands convicted of no crime. He is presumed innocent of the charges against him (which do not include insurrection or rebellion). Whatever you think of Trump and his actions/inactions on January 6, how do you make the case that this decision is fair to Trump, his supporters, or those who would vote for him?