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Takeaways from Colorado鈥檚 historic ruling that Trump is ineligible for office based on 14th Amendment鈥檚 鈥榠nsurrectionist ban鈥�

Takeaways from Colorado鈥檚 historic ruling that Trump is ineligible for office based on 14th Amendment鈥檚 鈥榠nsurrectionist ban鈥�
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Takeaways from Colorado鈥檚 historic ruling that Trump is ineligible for office based on 14th Amendment鈥檚 鈥榠nsurrectionist ban鈥�
The Colorado Supreme Court made history Tuesday with an unprecedented, freeze-in-your-tracks ruling that former President Donald Trump is constitutionally ineligible to run in 2024 because the 14th Amendment鈥檚 ban on insurrectionists holding public office covers his conduct on Jan. 6, 2021.But importantly, in their 4-3 decision, the Colorado justices paused their decision so Trump could appeal to the U.S. Supreme Court, which his campaign said he would 鈥渟wiftly鈥� do. The pause means Trump鈥檚 spot on the Colorado GOP primary ballot in March might be safe, if the nation鈥檚 highest court doesn鈥檛 settle the matter quickly.In many ways, the landmark ruling holds Trump accountable for trying to overturn the 2020 election and provides a political punishment for his anti-democratic behavior. The ruling is also a massive vindication for the liberal groups and constitutional scholars of all stripes who championed such 14th Amendment lawsuits despite their long odds.But legal scholars on all sides of the debate agree that the decision won鈥檛 be the final word. All eyes are now on the U.S. Supreme Court 鈥� which is posed to play a major role in the 2024 election as it grapples with a series of major Trump-related cases.And Trump has mastered the art of converting legal setbacks into polling bounces. He鈥檚 already in a stronger position today to beat President Joe Biden than he was one year ago, before he was criminally indicted in four jurisdictions. And he and his GOP allies kicked into high gear Tuesday night, playing the victim card and railing against the ruling.Here are the key takeaways from the decision and what comes next:Trump engaged in insurrection, court saysThe top Colorado court upheld the trial judge鈥檚 conclusions that the Jan. 6 assault on the U.S. Capitol was an insurrection and that Trump 鈥渆ngaged in鈥� that insurrection.These are key legal hurdles that the challengers needed to clear before Trump could be removed from any ballot, largely because the text of the 14th Amendment doesn鈥檛 actually define an 鈥渋nsurrection鈥� or spell out what it means to 鈥渆ngage in鈥� insurrection.The justices also affirmed the decision that Trump鈥檚 Jan. 6 speech at the Ellipse was not protected by the First Amendment. Trump has unsuccessfully pushed this argument in state and federal courts, which found that he incited violence when he told supporters to 鈥渨alk down to the Capitol鈥� and 鈥渇ight like hell鈥� to 鈥渢ake back our country.鈥濃淧resident Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power,鈥� the justices wrote in the 134-page majority opinion.The 鈥榠nsurrectionist ban鈥� does apply to TrumpThe justices broke from the trial judge on one key issue, reversing her controversial decision that the 鈥渋nsurrectionist ban鈥� applies to every office except the presidency.Section 3 of the 14th Amendment says oath-breaking insurrectionists can鈥檛 serve as senators, representatives, presidential electors, 鈥渙r hold any office, civil or military, under the United States, or under any State.鈥� But it doesn鈥檛 mention the presidency.This textual vagueness is why the trial judge kept Trump on the 2024 ballot. But the high court disagreed. And this was the linchpin of their decision to disqualify Trump.鈥淚t seems most likely that the Presidency is not specifically included because it is so evidently an 鈥榦ffice,鈥欌� the court said, adding that 鈥渁 conclusion that the Presidency is something other than an office 鈥榰nder鈥� the United States is fundamentally at odds with the idea that all government officials, including the President, serve 鈥榳e the people.鈥欌漋ideo below: Presidential historian thinks Trump ballot ruling could also affect BidenThe US Supreme Court will have the ultimate sayEveryone knows this isn鈥檛 the final word. The case is headed to the U.S. Supreme Court.It鈥檚 anyone鈥檚 guess how the justices will handle the case. How fast will they decide to take up the appeal? Will they hold oral arguments? How quickly will they issue a final decision? The answers to these questions will have implications for the political calendar, with the Iowa caucuses kicking off the GOP primary season in less than a month.With the stunner coming out of Colorado, the dynamic has shifted. Trump is now on the losing side of the case, and he needs the nation鈥檚 top court to restore his spot on the ballot. That means he鈥檚 going to be asking the U.S. Supreme Court 鈥� with its conservative supermajority, and with three justices he appointed 鈥� to keep his campaign alive.鈥淭his is an extraordinary and unprecedented holding,鈥� said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in the case that provided legal analysis of the key questions at hand but was neutral on Trump鈥檚 eligibility.鈥淚t puts Trump鈥檚 entire election campaign in serious legal jeopardy,鈥� he added. 鈥淎nd the Supreme Court will be asked to hear this election-altering case, something I鈥檓 sure it has little appetite to hear.鈥漃aused ruling is good news for TrumpThe ruling said if Trump appeals to the Supreme Court by Jan. 4, which is a near certainty, then the decision will be paused until the nation鈥檚 highest court announces whether it will take the case 鈥� and, if it does, until it hands down its final decision.Jan. 4 is one day before state law requires Colorado Secretary of State Jena Griswold to certify the list of candidates for the March 5 Republican presidential primary.Griswold, a Democrat, has said she believes Trump incited the insurrection but hasn鈥檛 taken a position on Trump鈥檚 eligibility under the 14th Amendment. She said Tuesday on CNN鈥檚 鈥淎nderson Cooper 360鈥� that she鈥檒l 鈥渇ollow whatever court decision is in place.鈥漈he Colorado justices said Griswold 鈥渨ill continue to be required to include President Trump鈥檚 name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.鈥� So even if he stays on the primary ballot, and wins the GOP nomination, that means he could still be disqualified for the general election 鈥� and every other state will be watching as it plays out.Dissents offer path to Trump victoryThe dissents from the sharply divided 4-3 court offer some legal foundations for Trump to overturn the historic ruling when he inevitably appeals to the U.S. Supreme Court.One justice concluded that a candidate shouldn鈥檛 be disqualified under the 14th Amendment if they haven鈥檛 been convicted of insurrection, which is a federal crime. (Trump is facing other felony charges, but not insurrection, in his federal election subversion case.) Another justice raised due process concerns and said only Congress has the power to enforce the ban. Trump previously raised some of these arguments in the case.Video below: What might happen if Trump鈥檚 disqualification in Colorado goes to SCOTUSEven though Trump has bashed the seven-member court for only having Democratic appointees, his team is also embracing the dissents. Talking points circulated by the Trump campaign Tuesday highlighted a stinging comment from Justice Carlos Samour.鈥淚 have been involved in the justice system for thirty-three years now, and what took place here doesn鈥檛 resemble anything I鈥檝e seen in a courtroom,鈥� Samour wrote in his dissent.Colorado justices knew history was watchingThe majority opinion acknowledged right off the bat that the case forced them to 鈥渢ravel in uncharted territory鈥� and that the case 鈥減resents several issues of first impression.鈥滻ndeed, judges have never weighed in on these questions because they never needed to. There has never before been even a remote possibility that a president-turned-insurrectionist would run for office again. The case provides yet another solemn reminder of how Trump made history by becoming the first president to try to stay in power after losing.鈥淲e do not reach these conclusions lightly,鈥� the majority wrote. 鈥淲e are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.鈥滳NN鈥檚 Devan Cole, Holmes Lybrand and Alayna Treene contributed to this report.

The Colorado Supreme Court made history Tuesday with an unprecedented, freeze-in-your-tracks ruling that former President Donald Trump is constitutionally ineligible to run in 2024 because the 14th Amendment鈥檚 ban on insurrectionists holding public office covers his conduct on Jan. 6, 2021.

But importantly, in their 4-3 decision, the Colorado justices paused their decision so Trump could appeal to the U.S. Supreme Court, which his campaign said he would 鈥渟wiftly鈥� do. The pause means Trump鈥檚 spot on the Colorado GOP primary ballot in March might be safe, if the nation鈥檚 highest court doesn鈥檛 settle the matter quickly.

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In many ways, the landmark ruling holds Trump accountable for trying to overturn the 2020 election and provides a political punishment for his anti-democratic behavior. The ruling is also a massive vindication for the liberal groups and constitutional scholars of all stripes who championed such 14th Amendment lawsuits despite their long odds.

But legal scholars on all sides of the debate agree that the decision won鈥檛 be the final word. All eyes are now on the U.S. Supreme Court 鈥� which is posed to play a major role in the 2024 election as it grapples with a series of major Trump-related cases.

And Trump has mastered the art of converting legal setbacks into polling bounces. He鈥檚 already in a stronger position today to beat President Joe Biden than he was one year ago, before he was criminally indicted in four jurisdictions. And he and his GOP allies kicked into high gear Tuesday night, playing the victim card and railing against the ruling.

Here are the key takeaways from the decision and what comes next:

Trump engaged in insurrection, court says

The top Colorado court upheld the trial judge鈥檚 conclusions that the Jan. 6 assault on the U.S. Capitol was an insurrection and that Trump 鈥渆ngaged in鈥� that insurrection.

These are key legal hurdles that the challengers needed to clear before Trump could be removed from any ballot, largely because the text of the 14th Amendment doesn鈥檛 actually define an 鈥渋nsurrection鈥� or spell out what it means to 鈥渆ngage in鈥� insurrection.

The justices also affirmed the decision that Trump鈥檚 Jan. 6 speech at the Ellipse was not protected by the First Amendment. Trump has unsuccessfully pushed this argument in state and federal courts, which found that he incited violence when he told supporters to 鈥渨alk down to the Capitol鈥� and 鈥渇ight like hell鈥� to 鈥渢ake back our country.鈥�

鈥淧resident Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power,鈥� the justices wrote in the 134-page majority opinion.

The 鈥榠nsurrectionist ban鈥� does apply to Trump

The justices broke from the trial judge on , reversing her controversial decision that the 鈥渋nsurrectionist ban鈥� applies to every office except the presidency.

Section 3 of the 14th Amendment says oath-breaking insurrectionists can鈥檛 serve as senators, representatives, presidential electors, 鈥渙r hold any office, civil or military, under the United States, or under any State.鈥� But it doesn鈥檛 mention the presidency.

This textual vagueness is why the trial judge kept Trump on the 2024 ballot. But the high court disagreed. And this was the linchpin of their decision to disqualify Trump.

鈥淚t seems most likely that the Presidency is not specifically included because it is so evidently an 鈥榦ffice,鈥欌� the court said, adding that 鈥渁 conclusion that the Presidency is something other than an office 鈥榰nder鈥� the United States is fundamentally at odds with the idea that all government officials, including the President, serve 鈥榳e the people.鈥欌�

Video below: Presidential historian thinks Trump ballot ruling could also affect Biden

The US Supreme Court will have the ultimate say

Everyone knows this isn鈥檛 the final word. The case is headed to the U.S. Supreme Court.

It鈥檚 anyone鈥檚 guess how the justices will handle the case. How fast will they decide to take up the appeal? Will they hold oral arguments? How quickly will they issue a final decision? The answers to these questions will have implications for the political calendar, with the Iowa caucuses kicking off the GOP primary season in less than a month.

With the stunner coming out of Colorado, the dynamic has shifted. Trump is now on the losing side of the case, and he needs the nation鈥檚 top court to restore his spot on the ballot. That means he鈥檚 going to be asking the U.S. Supreme Court 鈥� with its conservative supermajority, and with three justices he appointed 鈥� to keep his campaign alive.

鈥淭his is an extraordinary and unprecedented holding,鈥� said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in the case that provided legal analysis of the key questions at hand but was neutral on Trump鈥檚 eligibility.

鈥淚t puts Trump鈥檚 entire election campaign in serious legal jeopardy,鈥� he added. 鈥淎nd the Supreme Court will be asked to hear this election-altering case, something I鈥檓 sure it has little appetite to hear.鈥�

Paused ruling is good news for Trump

The ruling said if Trump appeals to the Supreme Court by Jan. 4, which is a near certainty, then the decision until the nation鈥檚 highest court announces whether it will take the case 鈥� and, if it does, until it hands down its final decision.

Jan. 4 is one day before state law requires Colorado Secretary of State Jena Griswold to certify the list of candidates for the March 5 Republican presidential primary.

Griswold, a Democrat, has said she believes Trump incited the insurrection but hasn鈥檛 taken a position on Trump鈥檚 eligibility under the 14th Amendment. on CNN鈥檚 鈥淎nderson Cooper 360鈥� that she鈥檒l 鈥渇ollow whatever court decision is in place.鈥�

The Colorado justices said Griswold 鈥渨ill continue to be required to include President Trump鈥檚 name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.鈥� So even if he stays on the primary ballot, and wins the GOP nomination, that means he could still be disqualified for the general election 鈥� and every other state will be watching as it plays out.

Dissents offer path to Trump victory

from the sharply divided 4-3 court offer some legal foundations for Trump to overturn the historic ruling when he inevitably appeals to the U.S. Supreme Court.

One justice concluded that a candidate shouldn鈥檛 be disqualified under the 14th Amendment if they haven鈥檛 been convicted of insurrection, which is a federal crime. (Trump is facing other felony charges, but not insurrection, in his federal election subversion case.) Another justice raised due process concerns and said only Congress has the power to enforce the ban. Trump some of these arguments in the case.

Video below: What might happen if Trump鈥檚 disqualification in Colorado goes to SCOTUS

Even though Trump has bashed the seven-member court for only having Democratic appointees, his team is also embracing the dissents. Talking points circulated by the Trump campaign Tuesday highlighted a stinging comment from Justice Carlos Samour.

鈥淚 have been involved in the justice system for thirty-three years now, and what took place here doesn鈥檛 resemble anything I鈥檝e seen in a courtroom,鈥� Samour wrote in his dissent.

Colorado justices knew history was watching

The majority opinion that the case forced them to 鈥渢ravel in uncharted territory鈥� and that the case 鈥減resents several issues of first impression.鈥�

Indeed, judges have never weighed in on these questions because they never needed to. There has never before been even a remote possibility that a president-turned-insurrectionist would run for office again. The case provides yet another solemn reminder of how Trump made history by becoming the first president to try to stay in power after losing.

鈥淲e do not reach these conclusions lightly,鈥� the majority wrote. 鈥淲e are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.鈥�

CNN鈥檚 Devan Cole, Holmes Lybrand and Alayna Treene contributed to this report.