The Colorado Supreme Court considers that Donald Trump cannot be a presidential candidate because he was involved in the insurrection on January 6, 2021. That day, after hearing him speak in a plaza next to the White House, hundreds of his supporters stormed the Capitol, seat of the United States Congress, meeting then to validate the result of the presidential elections that gave victory to the Democratic candidate Joe Biden. During the assault, five people died and more than a hundred were injured.
Colorado high court justices have “clear and convincing evidence” that Trump is responsible for the assault. Consequently, they blame him for insurrection and prohibit him from running in the Republican Party primaries in Colorado. The ruling is based on the 14th amendment of the federal Constitution, drafted after the civil war to prevent any secessionist from holding office in the administration.
The Colorado Supreme Court made the decision by four votes in favor and three against, and argued it in a 213-page ruling. Likewise, it has agreed that it will not come into force until January 4.
If before that date, Trump appeals to the federal Supreme Court, his name will be on the Republican primary ballots until there is a final ruling.
The Republican primary in Colorado is scheduled for March 5. The nine justices of the Supreme Court in Washington will be under enormous pressure to rule before that day. Its verdict will determine the fate of dozens of similar lawsuits against Trump's candidacy in other states.
The Trump campaign has already announced that it will appeal. The appeal will be based on two premises. The first is that the former president was not responsible for the assault on the Capitol and the second is that the 14th amendment – written in the 19th century and never applied until now – affects any office except the presidency and vice presidency.
The Supreme Court is heavily tilted to the right and three of its nine members were appointed by Trump. He also prioritizes the opinion that it should be the electorate and not the justice system that decides the political fate of the Republican leader.
Whatever the decision of the nation's Supreme Court, Donald Trump will be able to run in the presidential elections next November. If he ultimately can't make it in Colorado, his chances of winning back the White House won't be hurt much. Joe Biden beat him there by a wide margin in the 2020 election. It is not a state he needs on his path to victory.
If the Washington Supreme Court upholds the Colorado verdict, then the impact will be enormous. The other lawsuits may succeed and, in this case, Trump may not be able to appear in states where he fights side by side with Biden.
Donald Trump is accused of 91 serious crimes in four criminal proceedings and one civil case. The charges he faces include attempting to change the outcome of the recent presidential elections, altering the vote count and pressuring the vice president not to certify Biden's victory, something he could not do without violating the Constitution.
It is possible that some of them will be sentenced before the presidential elections in November, but even so, and even if they are found guilty and must go to prison, they will be able to run for office. The United States Constitution allows the candidacy of any citizen regardless of their criminal situation.
Trump, furthermore, thrives in adversity and despite the seriousness of the accusations against him, his supporters remain very united. He has no rival in the Republican field and leads Biden by three points in a head-to-head duel for the presidency.
