The Colorado Supreme Court ruled 4-3 Tuesday that former President Donald Trump was ineligible to appear on the 2024 presidential ballot because of his alleged role in the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.
In addition, any write-in votes for the former president may not be counted, according to the court's decision.
This marks the first instance in U.S. history where a presidential candidate has been adjudged ineligible for election to the White House because of his participation in an "insurrection or rebellion" under the Fourteenth Amendment to the U.S. Constitution.
The Trump campaign attacked the decision shortly after it was issued.
"Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group's scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump's name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice."
Jonathan Turley, professor at George Washington School of Law, was astounded by the decision — one that used circular logic to arrive at its conclusion.
"The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: 'The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified,'" he began in a thread on X, formerly known as Twitter.
"It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots," he continued.
"The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike," Turley concluded.
Former Harvard Law professor, noted constitutional scholar, and frequent Newsmax columnist and contributor Alan Dershowitz agreed, and offered a prediction.
"Supreme Court will overrule Colorado anti-democratic and unconstitutional decision," said Dershowitz, who wrote "Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law" earlier this year. "Watch the Dershow live tomorrow [Wednesday] @ 5:30pm est on Rumble and Youtube."
Fellow Republican presidential candidate Vivek Ramaswamy was appalled, and made a promise — one that he hoped that all GOP presidential candidates would join him in doing.
"I pledge to withdraw from the Colorado GOP primary ballot until Trump is also allowed to be on the ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley do the same immediately," he said, adding, "or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country."
Hopefully the other Republican candidates will show their solidarity and follow suit.
However, as a practical manner the court's ruling will make little difference. Colorado is essentially a Democratic-controlled state that Abraham Lincoln would have difficulty winning. Legally, however, it has great significance.
The constitutional provision the Colorado Supreme Court relies on clearly doesn't apply in this case.
Trump never took part in the alleged "insurrection," and in fact asked his supporters to "peacefully and patriotically" let their voices be heard.
Also, there's a reason that this marks the first time in American history that a president has been adjudged ineligible for election to the White House — it doesn't apply to U.S. presidents, according to Section Three of the Fourteenth Amendment.
The only elected offices it applies to are "... Senator or Representative in Congress, or elector of President and Vice President ..."
But ultimately the majority of those on the court don't care for the concept of democracy — the idea that each person should be able to cast his vote for the candidate of his choice.
The irony of this is jaw-dropping. Democrats repeatedly go on about protecting "our democracy," while using every underhanded trick they can conceive of to win an election. Their mantra in this case is: If you can't beat them, disqualify them.
The Colorado Supreme Court stayed its ruling until Jan. 4, 2024, to allow for appeals.
And they will surely come. And as a result this ruling will ultimately be smacked down.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.