The Colorado Supreme Court reversed a lower court finding on Tuesday and prevented former President Donald Trump from appearing on the state's ballots for next year's election due to his incitement of the Jan. 6, 2021, U.S. Capitol riot.
However, the Texas Supreme Court postponed the verdict until January 4, allowing Trump time to petition the United States Supreme Court to overturn the ruling.
The stay will then be in effect until the United States Supreme Court decides whether to reject Trump's plea or rule on his ability to vote. Because of the delay, Trump could still appear on the March 5 primary ballot in Colorado.
In Tuesday's verdict, a majority of four Colorado Supreme Court justices voted to keep Trump off the ballot. Three judges, including Chief Justice Brian Boatright, dissent from the ruling.
It is the first time a state court has decided that Trump should be barred from running for president in 2024 because of a U.S. constitutional provision prohibiting persons who have engaged in "insurrection" from holding federal office.
It also comes as Trump appears to be closing in on the Republican presidential nomination.
The Trump team slammed the judgment and vowed to petition the United States Supreme Court to reverse it as soon as possible.
"A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution," the court said in its decision.
"Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot," the judge wrote.
The majority continued, "We do not reach these conclusions lightly."
"We are cognizant of the enormity and weight of the issues before us. "We are also 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 requires us to make," read the opinion.
"We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression."
If the verdict stands, Trump will be unable to compete for Colorado's ten votes in the Electoral College, the body that selects a president every four years.
Similar lawsuits challenging Trump's inclusion on the presidential ballot have been dismissed in Minnesota and Michigan. However, the matter is still being disputed in numerous places, including Michigan, where plaintiffs have appealed their suit's loss.
According to a statement released by the Trump campaign, "Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group's scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump's name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice."
Cheung described the finding as "completely flawed" and said that "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," he stated.
In September, a group of six Colorado voters sued to keep Trump off the state ballot in 2024, claiming he was forbidden by a constitutional provision.
Section 3 states that "no person" may serve as a United States official if they had previously taken an oath of federal office and have "engaged in insurrection or rebellion" against the United States.
According to the lawsuit, Trump's encouragement of a disturbance at the US Capitol by a mob of his fans was an act of insurrection.
The violence marred President Joe Biden's triumph in the 2020 election for several hours. Trump had put pressure on his vice president, Mike Pence, to refuse to recognize the Electoral College results in Biden's favor at the time.
Denver District Court Judge Sarah Wallace ruled in November that Trump could appear on the ballot despite her belief that he had "engaged in insurrection" by instigating the disturbance.
Wallace believes Trump's name should be on the ballot since the presidency is exempt from Section 3.
The plaintiffs challenged Wallace's decision, as did Trump, who objected to her determination that he had engaged in insurrection.
On December 6, the Colorado Supreme Court heard arguments in the case.
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