By Craig DeLuz | Project 21
OPINION (PROJECT 21) – As a long-time observer and commentator on American politics, it is not often that I am surprised by the willingness of left leaning jurists to exceed their authority and throw common sense jurist prudence to the wind in favor of taking an obviously political stand. However, I find myself perplexed and dismayed by the Colorado State Supreme Court’s willingness to take away the people’s right to vote for the candidate of their choice.
The recent ruling by the Colorado’s Supreme Court seeking to remove Trump from the state’s ballot due to his alleged role in the Jan. 6 Capitol attack, is a blatant overstep of judicial authority and a desperate attempt to undermine the democratic process. The 14th Amendment’s “insurrection clause” (upon which their decision is based) was designed to prevent individuals who had actively fought against the Union during the Civil War from holding public office. It was never intended to be used as a political weapon against a former president who simply exercised his constitutional rights to challenge the results of an election.
The Colorado Supreme Court’s argument that Trump engaged in an insurrection through his promotion of false claims of election fraud and encouragement of supporters to go to the Capitol on Jan. 6 is a flimsy justification at best. Keep in mind that President Trump, nor any of the others charged for their actions on Jan. 6 have actually been charged with insurrection; meaning he has been removed from the ballot for a federal crime that the federal government does not even believe he committed.
Furthermore, the ruling’s assertion that the office of the president falls under the insurrection clause is a glaring misinterpretation of the law. As has been pointed out by former White House Lawyer, Ty Cobb the term “officer of the United States” has been consistently interpreted by the Supreme Court to exclude the president and vice president in this context. To suggest otherwise is not only reckless but also a gross misrepresentation of the law.
The truth is this ruling opens the door for any political opponent to level similar accusations against their rival, effectively silencing any dissenting voices and undermining our democracy.
This ruling not only undermines Trump’s right to participate in the democratic process but also sends a dangerous message to all Americans that their voices and choices do not matter. The U.S. Supreme Court must strike down this ruling and uphold the fundamental principles of our democracy. As Ty Cobb aptly states, “The stakes are too high, the responsibility too great, for a scheme like this to be allowed to stand.”
This is not about partisan politics; it is about protecting the integrity of our democratic system. The Colorado Supreme Court has overstepped its bounds, but we can only hope that the U.S. Supreme Court will quickly and decisively set things right. As we approach the Jan. 4 deadline, I implore the U.S. Supreme Court to act swiftly and prevent this egregious violation of our democratic rights.
As citizens, we must stand up against any attempts to silence our voices and deny us the right to choose our leaders. A strong and independent judiciary is essential to uphold the values of our nation, and it is time for the courts to fulfill their duty to protect our democratic process. Let us join together in demanding that the U.S. Supreme Court reverse this dangerous ruling and uphold the principles of democracy for all. Only then can we truly say that our voices and our choices matter in the United States of America.
Craig J. DeLuz is the Director of Communications for The California Republican Assembly and President of the Robla School District Board of Trustees where he has served for almost 20 years. Learn more at CraigDeLuz.com or follow him on X at @CraigDeLuz.