Reaction Podcast: Colorado Supreme Court Bars Trump From Ballot
Dec 20, 2023
24:13
auto_awesome Snipd AI
Kimberly Wehle, professor of law, and Geoffrey Skelley, elections analyst, discuss the recent ruling by the Colorado Supreme Court barring Trump from the ballot. They explore the legal grounding, political reaction, and the possibility of the U.S. Supreme Court getting involved.
Read more
AI Summary
AI Chapters
Episode notes
auto_awesome
Podcast summary created with Snipd AI
Quick takeaways
Former President Trump is barred from the Colorado primary ballot due to his disqualification from serving as President again under Section 3 of the 14th Amendment.
The interpretation of Section 3 of the 14th Amendment, specifically the terms insurrection, rebellion, and officer, forms the basis of the Colorado Supreme Court's ruling against Trump.
Deep dives
Colorado Supreme Court rules Trump engaged in insurrection
The Colorado Supreme Court has ruled that former President Trump's actions surrounding January 6 were considered engaging in an insurrection. As a result, he cannot appear on Colorado's primary ballot due to his disqualification from serving as President again. This decision is based on Section 3 of the 14th Amendment, which prohibits anyone who engaged in insurrection or rebellion against the United States from holding office. The ruling is currently stayed to allow Trump to appeal to the US Supreme Court.
Interpretation of Section 3 of the 14th Amendment by the Colorado Supreme Court
The Colorado Supreme Court's decision hinges on the interpretation of three key terms in Section 3 of the 14th Amendment: insurrection, rebellion, and officer. They determined that January 6 was an insurrection/rebellion and that Trump engaged in it, thus meeting the conditions set by Section 3. However, the court also had to determine whether an officer includes the President of the United States, as the term officer needs to be subordinate to the President. Ultimately, the court supported the lower court's ruling that the President is an officer, citing the Constitution's treatment of the presidency as an office of the United States.
Potential implications and future course of action
While this ruling only applies to the Colorado primary ballot, it raises important questions and potential implications. The decision will be appealed to the US Supreme Court, where the outcome will depend on the interpretation of Section 3 by the justices. Conservative justices on the court may be more likely to support disqualifying Trump from public office under the 14th Amendment. However, historically, courts have given political parties leeway in deciding nominations, which could complicate the Supreme Court's decision. Other states have faced similar lawsuits, but their outcomes have varied. The final decision could have significant consequences for future elections and the eligibility of candidates based on their involvement in insurrection or rebellion.
On this special reaction edition of the 538 Politics podcast, Galen speaks with Kimberly Wehle, professor of law at the University of Baltimore, and Geoffrey Skelley, senior elections analyst, about the recent ruling from the Colorado Supreme Court that bars Trump from the Colorado Republican primary ballot. They discuss the legal grounding of this ruling, the political reaction and the prospect of the U.S. Supreme Court weighing in.