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Insurrection & court intervention: a high-stakes gamble? Pt 2

12 January 2024 / Michael Zander KC
Issue: 8054 / Categories: Features , International
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Will Trump be stopped from standing? Michael Zander on the Colorado Supreme Court’s decision
  • The Colorado State Supreme Court held in December 2023 by a majority of 4–3 that former President Trump was disqualified from holding the Office of President.
  • Analysis of the court’s majority judgment and three dissenting opinions.

On 19 December 2023, the Colorado State Supreme Court held, by a bare majority of 4–3, that Donald J Trump was ‘disqualified from holding the Office of President under Section Three of the Fourteenth Amendment to the United States Constitution’ and that ‘because he is disqualified it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate in the presidential primary ballot,’ (see bit.ly/3H6Oiyr).

On 3 January, Trump asked the US Supreme Court to overturn the Colorado Supreme Court’s decision. A brief filed by attorney-generals from 27 states supported the request arguing that removing Trump from the ballot would ‘create widespread chaos’.

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