Colorado Supreme Court Weighs Trump's Eligibility Under Insurrection Clause
The Colorado Supreme Court engaged in a two-hour debate on Wednesday regarding former President Donald Trump's involvement in the January 6, 2021, attack on the Capitol. However, the court did not provide any clear indication of how it will rule on the crucial question at hand: whether Trump's actions that day disqualify him from running for president in 2024.
All seven justices on the court, who were appointed by Democrats, appeared to at least agree with a trial judge's conclusion that the January 6 attack can be classified as an insurrection.
They challenged Trump's lawyer's assertion that the violence did not meet the criteria of lasting long enough, covering a wide enough area, or involving enough deadly weapons.
Justice William Hood III questioned why it wouldn't be sufficient to consider it an insurrection when a violent mob breached the Capitol while Congress was carrying out its core constitutional function.
He emphasized that this analysis should be separate from Trump's culpability and stated, “As to insurrection, why isn’t it enough that a violent mob breached the Capitol when Congress was performing a core constitutional function,” Justice William Hood III said, noting he was setting aside Trump’s culpability. “In some ways, that seems like a poster child for insurrection.”
The remarks made by Justice Hood and other justices indicate that the Colorado Supreme Court could become the first top state court to officially recognize the attack as an insurrection. This determination holds significant legal weight as courts and election officials across multiple states grapple with challenges to Trump's eligibility under the 14th Amendment.
This constitutional provision prohibits candidates from holding public office if they engage in an insurrection after taking an oath to support the Constitution.
The Colorado justices were aware that their ruling may not be the final word on the matter. If they were to declare that President Trump cannot appear on the state's ballot, there is a high likelihood that the United States Supreme Court would intervene and make the ultimate decision, according to Justice Hood.
Last month, a judge in Denver ruled that Trump did incite the January 6 insurrection. However, the judge determined that Trump could still remain on the ballot since it is not clear whether the 14th Amendment's ban applies to the office of the president.
Some of the justices expressed discomfort with the notion of taking away the choice that millions of Colorado voters may make. Nevertheless, they did not provide any clear indications as to how or when they will reach a decision.
The justices seemed to have a more defined perspective on whether the events of January 6 should be classified as an insurrection. Several of them agreed that the term "insurrection" was intended to encompass something "less than a war" or a "rebellion."
More than 1,200 Americans have been charged by prosecutors, with hundreds more expected to face charges. While most individuals were unarmed, prosecutors have filed charges against at least six people for carrying firearms and hundreds for wielding other weapons on Capitol grounds, such as knives, hammers, bats, chemical spray, and tasers.
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Approximately two dozen participants, all affiliated with the Proud Boys or Oath Keepers, have been convicted or pleaded guilty to seditious conspiracy, which involves an agreement to use force to undermine the transfer of power.
Justice Hood pushed back against Trump's attorney, former Colorado Secretary of State Scott Gessler, who argued that removing Trump from the Colorado ballot would create chaos due to the lack of uniformity across the country.
Justice Hood suggested that the court has a duty to resolve the case promptly, stating, "A counterargument is that by failing to resolve this issue on the merits now, we create the potential for chaos in January 2025."