The Colorado Supreme Court’s decision to ban former President Trump from the state’s primary ballot undermines a “bedrock principle” of American democracy, one of the court’s Democrat-appointed justices wrote in a fiery dissent.
Justices Carlos Samour, Maria Berkenkotter and Chief Justice Brian D. Boatright all dissented, but Samour was particularly critical of the 4-3 ruling. Samour and Boatright were each appointed by Democratic former Gov. John Hickenlooper, while Berkenkotter was appointed by current Gov. Jared Polis, also a Democrat.
“The decision to bar former President Donald J. Trump — by all accounts the current leading Republican presidential candidate (and reportedly the current leading overall presidential candidate) — from Colorado’s presidential primary ballot flies in the face of the due process doctrine,” Samour wrote.
“Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office,” he wrote.
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Samour went on to argue that allowing states to decide individually whether to allow Trump’s candidacy “risked chaos in the country.” The justice conjured visions of state governments divided on the legitimacy of a victorious presidential candidate.
“This can’t possibly be the outcome the framers intended,” Samour argued.
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Trump’s campaign has already vowed to “swiftly” appeal the court’s decision to the U.S. Supreme Court, where observers largely believe it will be overturned. Multiple other state supreme courts have dismissed similar efforts to remove Trump from the ballot, including in blue states like Minnesota.
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision. We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesman Steven Cheung said in a statement to Fox News Digital.
Nevertheless, the majority in Colorado’s decision argued they did not “reach these conclusions lightly.”
“We 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,” they wrote.
“President Trump did not merely incite the insurrection,” the majority opinion continued. “Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.”
