In a groundbreaking decision, the Colorado Supreme Court, in a 4-3 vote, ruled on Tuesday to disqualify former President Donald Trump from appearing on the GOP primary ballot.
The ruling was based on a U.S. constitutional provision that bars individuals who have participated in "insurrection" from holding federal office. This decision was made despite the fact that Trump has not been convicted of any crimes that would substantiate this ruling.
The four justices who voted in favor of the ban, Monica M. Mrquez, Melissa Hart, William W. Hood III, and Richard L. Gabriel, were all appointed by former Governor and current Senator John Hickenlooper, a Democrat, as reported by the Daily Mail.
Justice Richard L. Gabriel, originally from Brooklyn, New York, is a Yale University alumnus and holds a law degree from the University of Pennsylvania. He was appointed to the state supreme court in June 2015. Gabriel was previously investigated for alleged harassment and gender discrimination, accusations made by a female law clerk in 2021. However, these claims were found to be baseless, according to the Denver Post.
Justice Melissa Hart, a Denver native, is a Harvard Law School graduate and was appointed to the Colorado Supreme Court in December 2017. Before her appointment, Hart was a professor at the University of Colorado Law School. Hart was named in a Supreme Court-filed discrimination lawsuit initiated by a black applicant, Michele Brown. Brown alleged that Hart and other judges denied her employment as a rules attorney due to age and racial discrimination. A federal judge later dismissed the case, as reported by the Daily Mail.
Justice Monica Mrquez, a Stanford University and Yale Law School graduate, made history as the first Latina and openly gay justice to serve on the Colorado Supreme Court when she was appointed in 2010. Mrquez previously held the positions of Assistant Solicitor General and Assistant Attorney General, overseeing the Criminal Appellate Section and the Public Officials Unit. She also participated in an event organized in conjunction with Harvard Law School earlier this year.
Justice William W. Hood III, a graduate of the University of Virginia School of Law and Syracuse University, was appointed to the Colorado Supreme Court in January 2014. Before his appointment, Hood served as a prosecutor and a litigation partner in Colorado's 18th Judicial District. Former Colorado Governor John Hickenlooper praised Hood during his appointment, stating that Hood had consistently demonstrated an ability to fairly apply the law while administering justice.
In their decision, the justices stated that they did "not reach these conclusions lightly" and were "mindful of the magnitude and weight of the questions" before them. Chief Justice Brian D. Boatright, in his dissent, argued that the constitutional issues were too complex to be resolved during a state hearing. Justices Maria E. Berkenkotter and Carlos Samour also dissented.
The ruling has sparked controversy, with Trump's campaign team announcing plans to file an appeal. This is the first time a state court has ruled that Donald Trump, the leading contender for the Republican presidential nomination, should be excluded from state ballots.
House Speaker Mike Johnson (R-LA) issued a statement on the ruling, calling it a partisan attack. "Todays ruling attempting to disqualify President Trump from the Colorado ballot is nothing but a thinly veiled partisan attack. Regardless of political affiliation, every citizen registered to vote should not be denied the right to support our former President and the individual who is the leader in every poll of the Republican primary. We trust the U.S. Supreme Court will set aside this reckless decision and let the American people decide the next President of the United States," said Johnson.
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