COLORADO’s Supreme Court has ruled that Donald Trump cannot run for president next year in the state, citing a constitutional insurrection clause.
The court ruled 4-3 that Mr Trump was not an eligible candidate because he had engaged in an insurrection over the US Capitol riot nearly three years ago.
The Trump campaign called the decision anti-democratic and vowed to appeal.
It is the first ever use of Section 3 of the US Constitution’s 14th Amendment to disqualify a presidential candidate.
Similar attempts to kick Mr Trump off the ballot in New Hampshire, Minnesota and Michigan have failed.
Tuesday’s decision – which has been placed on hold pending appeal until next month – does not apply to states other than Colorado.
The ruling only applies to the state’s primary election on 5 March, when Republican voters will choose their preferred candidate for president, though it could also affect the general election in Colorado next November.
The justices wrote in their ruling: “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 decision reverses an earlier one from a Colorado judge, who ruled that the 14th Amendment’s insurrection ban did not apply to presidents because the section did not explicitly mention them.
That same lower court judge also found that Mr Trump had participated in an insurrection in the US Capitol riot. His supporters stormed Congress on 6 January 2021 while lawmakers were certifying President Joe Biden’s election victory.
The Colorado Supreme Court’s decision does not go into effect until 4 January 2024. That is the eve of the deadline for the state to print its presidential primary ballots.
Steven Cheung, a spokesman for the Trump campaign, called the ruling “completely flawed” and lambasted the justices, who were all appointed by Democratic governors.