Joe Biden said on Wednesday that the decision by the Colorado Supreme Court barring Donald Trump from the state’s presidential primary ballot supports insurrection. The court ruled that Trump violated the 14th Amendment by engaging in insurrection. The court’s decision hinges on the claim that Trump’s behavior before and during the riot at the U.S. Capitol constitutes an insurrection. But the court’s reasoning is questionable, as it fails to define insurrection and assumes that Trump “engaged in” insurrection.
The court argues that any “concerted and public use of force” that hinders the U.S. government from achieving a peaceful transfer of power constitutes an insurrection. This description seems at odds with the chaotic nature of the Capitol riot, during which many participants acted impulsively. The court also concludes that Trump “engaged in” the insurrection, but there is uncertainty regarding Trump’s intent. The court insists that Trump’s speech before the riot explicitly encouraged violence, but this interpretation is speculative.
It is unclear how Trump’s speech, which emphasized the need to “fight like hell” and “peacefully and patriotically make your voices heard,” can be seen as a call to violence. The court’s belief that Trump intentionally caused the riot also plays a role in its rejection of Trump’s argument that his speech was protected by the First Amendment.
In conclusion, the Colorado Supreme Court’s ruling has raised questions about the definition of insurrection and the extent of Trump’s involvement in the Capitol riot. The court’s interpretation of Trump’s speech as incitement to violence is speculative and fails to consider the broader context of his remarks. Moreover, the court’s decision to disqualify Trump from the state’s primary ballot may have significant implications for his future political career.