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Tags: andrew napolitano | colorado | supreme court | donald trump

Judge Napolitano to Newsmax: US Not Democracy if Colorado Trump Ruling Stands

By    |   Wednesday, 20 December 2023 11:04 AM EST

The U.S. Supreme Court must overturn the Colorado Supreme Court's ruling that Donald Trump cannot appear on the ballot for the state's Republican presidential primary in March. Otherwise, more states will do the same and the country will stop being a democracy, Judge Andrew Napolitano told Newsmax on Wednesday.

The former New Jersey Superior Court judge told "Wake Up America" that "it's not the way the system is supposed to work ... when judges are at the center of the democratic process, the voters should be at the center of the democratic process.

The 4-3 ruling from the Colorado Supreme Court, whose seven judges were all appointed by Democrats, makes Trump the first presidential candidate ever to be declared ineligible for the presidency under a rarely used provision of the U.S. Constitution that bans officials who have taken part in “insurrection or rebellion” from holding office.

But Napolitano pointed out that "the president has not only not been convicted of participating in or supporting or aiding an insurrection, he has not even been charged with it," adding that the January 6 charges are not charges of aiding or abetting an insurrection.

If the Colorado Supreme Court's decision "is not disturbed by the Supreme Court of the United States ... then the ballgame will be over for Donald Trump, because other states will do the same thing," Napolitano  said. "That's why it is vital that the Supreme Court of the United States interfere with this decision, put it on hold and reverse it and let the voters decide ... otherwise we don't have a democracy."

Napolitano said he was confident the U.S. Supreme Court will take up the issue in the next few days, because ballots will soon begin to be printed" for the primary in Colorado.

He noted there was a trial in Colorado in which a judge found that Trump did participate in and did incite the insurrection on January 6. The Colorado Supreme Court upheld that decision.

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Brian Freeman

Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.

© 2024 Newsmax. All rights reserved.


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The U.S. Supreme Court must overturn the Colorado Supreme Court's ruling that Donald Trump cannot appear on the ballot for the state's Republican presidential primary in March. Otherwise, more states will do the same and the country will stop being a democracy, Judge Andrew...
andrew napolitano, colorado, supreme court, donald trump
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2023-04-20
Wednesday, 20 December 2023 11:04 AM
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