Responding to the bombshell ruling by the Colorado Supreme Court that determined Donald Trump is ineligible to hold office because of his role in the Capitol assault, Joe Biden said Wednesday morning there’s “no question” his predecessor supported the insurrection.
Biden was careful with his words in brief remarks, never outright endorsing the ruling. Instead, he said he’ll “let the court make that decision” when asked if he believes Trump should be ineligible to become president again under the 14th Amendment.
“Now whether the 14th Amendment applies, I’ll let the court make that decision,” he said after stepping off Air Force One in Milwaukee. “But he certainly supported an insurrection. No question about it. None. Zero. And he seems to be doubling down on about everything.”
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The Colorado Supreme Court ruled 4-3 Tuesday night that Trump violated the 14th Amendment’s “insurrection clause” when he inflamed his supporters with false claims of election fraud and encouraged them to confront lawmakers at the U.S. Capitol.
The Supreme Court’s ruling, which totaled 213 pages, overturned a district court’s earlier decision that Trump could not be barred from holding higher office because the insurrection clause did not apply to the presidency.
The legal dispute argued in Colorado hinged on whether the president qualifies as an “officer” of the United States or not—an equivalence the court’s majority ruled was based on “the most obvious and sensible reading” of the Constitution.
If the ruling stands, Trump cannot be placed on Colorado’s ballot for the Republican primary scheduled for March. Trump’s campaign has already said it will appeal the ruling to the U.S. Supreme Court, which has a 6-3 conservative majority after Trump appointed three justices in his last term.
The Colorado Supreme Court said Tuesday that it’d put its ruling on hold until Jan. 4 so Trump can seek review from the U.S. Supreme Court, which he’s expected to do in the coming days or weeks. If that’s to occur, Trump’s name would automatically remain on the ballot until the high court resolves the appeal.
