DES MOINES, Iowa — The Colorado Supreme Court made an unprecedented ruling that no other state has done before: In a 4-to-3 decision, the court ruled to remove former President Donald Trump from the primary election ballot, citing section 3 of the 14th Amendment.
However, one local constitution expert says that there is something Trump could challenge in every part of this ruling.
Section 3 of the 14th Amendment was enacted after the Civil War.
"It was designed to basically say that if you have taken an oath of office to the constitution, or to the United States, and you betrayed that office and that oath by committing rebellion or insurrection, then you're not eligible to serve in office," said Mark Kende, director of Drake's Constitutional Law Center. "Essentially, you're disqualified."
The 14th Amendment is usually seen in race or sex discrimination cases. However, the due process clause is what is being used against the former president.
"This is a part of the 14th Amendment that doesn't get used that often," Kende said. "Like I said, there's an equal protection clause, a due process clause, those are in another part. This stuff isn't an issue that has happened really very often."
While other states have never followed through with this action, Kende says that states could now follow Colorado's lead.
However, the more states that rule on this could turn the election into a jigsaw puzzle, with Trump fitting in some states and not others.
"There's just huge questions," Kende said. "This is a ruling that's, as I said, is unprecedented. Some other states have stayed away from it. Almost every issue in this ruling is something you could challenge."
Kende adds that Trump could argue various aspects of the ruling.
"You kind of have to have some knowledge of what his intent was," Kende said. "Did he really intend for this? What transpired after his speech occurred? Well, he never testified, there was no cross examination, so they relied heavily on the Jan. 6 report."
The ruling states that if the U.S. Supreme Court decides to take up this case, which experts say could be likely, Trump could still be on the primary ballot.
However, the Supreme Court must begin reviewing the case before Jan. 4, the day before the Colorado primary ballots have to be submitted.
You can view the Colorado Supreme Court's full opinion here.