All 3 dissenting justices in the Colorado court’s decision were Democrat appointees
The Colorado Supreme Court’s ruling to exclude former President Trump from the state’s primary ballot is deemed by one of the court’s Democrat-appointed justices as undermining a “bedrock principle” of American democracy in a fiery dissent.
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Justices Carlos Samour, Maria Berkenkotter, and Chief Justice Brian D. Boatright all dissented, with Samour particularly critical of the 4-3 decision. Samour and Boatright, appointed by Democratic former Gov. John Hickenlooper, and Berkenkotter, appointed by current Gov. Jared Polis, also a Democrat, expressed their disagreement with the decision.
“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,” expressed Samour.
“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.
Samour continued his argument by stating that permitting states to determine the eligibility of Trump’s candidacy independently “risked chaos in the country.” He painted a scenario where state governments could be divided on the legitimacy of a victorious presidential candidate.
“This can’t possibly be the outcome the framers intended,” asserted Samour.
Trump’s campaign has pledged to “swiftly” appeal the court’s decision to the U.S. Supreme Court, where many observers anticipate it will be overturned. Several other state supreme courts, including those in blue states like Minnesota, have rejected similar attempts to remove Trump from the ballot.
“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,” stated Trump campaign spokesman Steven Cheung in a statement to Fox News Digital.
Nevertheless, the majority in Colorado’s decision argued that 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.”