Independent presidential candidate Robert F. Kennedy, Jr. has denounced the recent Colorado Supreme Court decision that banned Republican presidential hopeful Donald Trump from the state ballot.
In a series of tweets posted Tuesday, Kennedy wrote that everyone “should be troubled by the Colorado Supreme Court’s decision to remove President Trump from the ballot.”
“The court has deprived him of a consequential right without having been convicted of a crime. This was done without an evidentiary hearing in which he is given the basic right of confronting his accusers,” he tweeted.
“At the very least, it contributes to the perception that the elites are picking the President by manipulating the legal system, and through other interventions.”
Kennedy warned that if the state Supreme Court decision is not overturned, then “his supporters will never accept the result,” and the “country will become ungovernable.”
Colorado’s highest court ruled in Norma Anderson et al v. Jena Griswold et al that Trump is ineligible to be on the state ballot next year due to the events of Jan. 6, 2021, when his supporters rioted in an attempt to stop the certification of the 2020 presidential election at the U.S. Capitol.
The state Supreme Court cited Section 3 of the 14th Amendment of the U.S. Constitution, which prohibits people from holding office who “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
“President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot,” read the per curiam decision.
“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.”
Three Colorado Supreme Court justices, including Chief Justice Brian Boatwright, authored dissenting opinions to the per curiam ruling, with Boatwright writing that the high court went beyond its scope when deciding if Trump had engaged in insurrection.
“Unlike qualifications such as age and place of birth, an application of Section Three requires courts to define complex terms, determine legislative intent from over 150 years ago, and make factual findings foreign to our election code,” Boatwright dissented.
“Dismissal is particularly appropriate here because the Electors brought their challenge without a determination from a proceeding (e.g., a prosecution for an insurrection-related offense) with more rigorous procedures to ensure adequate due process.”
The day after the Colorado Supreme Court decision was released, California Lt. Gov. Eleni Kounalakis sent a letter to California Secretary of State Shirley N. Weber asking the official “to explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot.”
“The Colorado decision can be the basis for a similar decision here in our state. The constitution is clear: you must be 35 years old and not be an insurrectionist,” wrote Kounalakis.
“There will be the inevitable political punditry about a decision to remove Trump from the ballot, but this is not a matter of political gamesmanship. This is a dire matter that puts at stake the sanctity of our constitution and our democracy.”
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