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Colorado Republican Party vows to cancel primary and hold caucus if Trump denied place on ballot

The state Republican Party announced its decision on X, the social media platform formerly known as Twitter shortly after the state Supreme Court announced its ruling

Former President Donald Trump speaking at a rally at a Wisconsin airport, Sept. 17th, 2020
Former President Donald Trump speaking at a rally at a Wisconsin airport, Sept. 17th, 2020 | Shutterstock

December 19, 2023 10:31pm

Updated: December 19, 2023 10:57pm

The Colorado GOP said Tuesday it will cancel its presidential primary and hold a caucus instead if a state supreme court ruling barring former President Donald Trump a place on the ballot stands.

The state Republican Party announced its decision on X, the social media platform formerly known as Twitter shortly after the state Supreme Court announced its ruling.

The state high court’s decision stems from a provision in the U.S. Constitution’s 14th Amendment that says insurrectionists are prohibited from holding high office.

The court said that based on Trump’s actions on Jan. 6, 2021, insisting he incited the U.S. Capitol riots, he subsequently disqualified himself from seeking high office.

The Colorado Republican Party further added that if the ruling isn’t overturned on appeal, it will “convert to a pure caucus system” to select nominee and subvert the primary-ballot process completely.

The former president has already said he would appeal the state high court’s 4-3 decision to the Supreme Court of the United States, which is divided between six conservative justices and three liberals.

The Colorado Supreme Court admitted its decision would be controversial but insisted there needed to be a consequence for Trump’s actions on Jan. 6, 2021 when riots erupted over the counting of Electoral College votes.

“We do 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,” the 4 justice majority wrote.

Some Republicans however, even Trump’s critics have raised concerns about the court’s decision, citing lack of due process and judicial overreach.

The former Republican president has not been convicted by any criminal court or even charged by District of Columbia or U.S. prosecutors.

Former New Jersey Gov. Chris Christie, who also previously served as the U.S. Attorney for the District of New Jersey from 2002-2008u has said while Trump’s legal battles are a problem, the state high court’s ruling was wrong.

“I do not believe Donald Trump should be prevented from being president of the United States by any court. I think he should be prevented from being the president of the United States by the voters of this country,” Christie said.

 “I know it will be counterintuitive to a lot of people who listen to me about Donald Trump, but I hope it just goes to prove you. I don’t hate him at all. I just think what he’s done is horribly wrong and that he has reserved the right that we would give him as voters to lead us again.”

Former Ambassador Nikki Haley, who is currently seen as the most significant challenger to Trump also cited concerns about judicial overreach.

“We don’t need to have judges making these decisions, we need voters to make these decisions,” she said. “So, I want to see this in the hands of the voters. We’re going to win this the right way. We’re going to do what we need to do, but the last thing we want is judges telling us who can and can’t be on the ballot.”

Steve Vladeck, a professor at the University of Texas Law School and CNN Supreme Court analyst said the decision does not mean Trump will not appear on the primary ballot in the Rocky Mountain state.

If Trump asks the U.S. Supreme Court to step in by Jan. 4, the decision will remain paused, he told CNN.

That means Trump would “almost certainly” remain on the state’s primary ballot on March 5, he told the national news network.

Colorado voted Republican in 2000 and 2004 but flipped Democratic in 2008 with the election of then Sen. Barack Obama as the 44th president and has remained Democratic since then.

In 2020, Trump lost to President Biden by more than 13 points.