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Colorado Court's Decision to Bar Trump From Primary is 'Politically Motivated' and 'Very Dangerous'

© AP Photo / Matt FreedFormer President Donald Trump listens to speakers at the East Palestine Fire Department as he visits the area in the aftermath of the Norfolk Southern train derailment Feb. 3 in East Palestine, Ohio, Wednesday, Feb. 22, 2023.
Former President Donald Trump listens to speakers at the East Palestine Fire Department as he visits the area in the aftermath of the Norfolk Southern train derailment Feb. 3 in East Palestine, Ohio, Wednesday, Feb. 22, 2023. - Sputnik International, 1920, 20.12.2023
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The Colorado Supreme Court's decision to disqualify Trump is based on a 14th Amendment clause that prohibits those “engaged in insurrection” from holding public office.
Members of the US Republican Party have voiced their outrage with the recent decision by the Colorado Supreme Court that bars Donald Trump from the 2024 primary ballot in the state.
The judges claimed that Trump should not be allowed to appear on the ballot due to his alleged role in the January 6 Capitol Hill breach (often referred to in the US simply as J6), citing the 14th Amendment of the US Constitution that bars those “engaged in insurrection” from holding public office.
A number of prominent Republicans, including House Speaker Mike Johnson, called out the judges over this move, while Republican presidential hopeful Vivek Ramaswamy even threatened to withdraw from the Colorado GOP primary if Trump is not allowed back on the ballot.
While it remains to be seen what the US Supreme Court might have to say about this situation, the Colorado judges’ decision appears to be politically motivated and is "very" dangerous, argued Timothy Hagle, a political science professor at the University of Iowa.
As Hagle pointed out, “neither Trump nor any of the so-called ‘J6 defendants’ have been charged or convicted of insurrection,” while the Colorado Supreme Court decision is based on a 14th Amendment "insurrection or rebellion" clause that - he claimed - would require “a conviction of such a crime.”
“There are several issues involved in this case but at a minimum it seems highly political for the Colorado Supreme Court to take it upon itself to define what constitutes an insurrection and to remove someone from the ballot as a result,” Hagle said. “If such an action were to stand it would likely be used by the political right as well and the courts and the country would become even more politicized than they already are.”
Commenting on the Colorado Republican Party promising to cancel its presidential primary and hold a caucus instead, Hagle suggested that, if such move is permissible under the Colorado laws, “it would be a way around the denial of Trump's name on a primary ballot.”
“That in itself wouldn't contribute to consolidating Republicans,” he mused. “On the other hand, like when the indictments were made against him, this type of action is likely to solidify support for Trump.”
Former President Donald Trump, center, appears in court Monday, Oct 2, 2023, in New York. (Brendan McDermid/Pool Photo via AP) - Sputnik International, 1920, 20.12.2023
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Regarding the odds of Trump appealing the Colorado court’s decision in the US Supreme Court where the majority of justices are Republicans, Hagle observed that “Republican judges tend to be more originalists and to practice judicial restraint,” which means that sometimes they “don't follow what would seem to be the political expectation.”
“In this particular case, my guess is that the conservative justices on the US Supreme Court would be likely to vote to overturn the Colorado Supreme Court's decision as an overreach. It's even possible that the liberal justices (or at least Kagan) would at least vote to overturn on the basis of a lack of due process given the expedited proceedings,” Hagle elaborated.
He also called it “unfortunate that we now have a tendency to think of justices, of the US Supreme Court or any other court, in terms of their political party affiliation.”
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