Â鶹´«Ã½

World

    • Takeaways from Colorado's historic ruling that Trump is ineligible for office

    Share

    The Colorado Supreme Court made history Tuesday with an unprecedented, freeze-in-your-tracks ruling that former President Donald Trump is constitutionally ineligible to run in 2024 because the 14th Amendment’s ban on insurrectionists holding public office covers his conduct on Jan, 6, 2021.

    The 4-3 decision removes Trump from the Republican primary ballot in Colorado, which is scheduled for Super Tuesday in early March. However, the Colorado justices paused their ruling so Trump can appeal to the U.S. Supreme Court, which could even preserve his spot on the state’s primary ballot if the appeal isn’t settled quickly.

    In many ways, the landmark ruling holds Trump accountable for trying to overturn the 2020 election and provides a political punishment for his anti-democratic behaviour. The ruling is also a massive vindication for the liberal groups and constitutional scholars of all stripes who championed such 14th Amendment lawsuits despite their long odds.

    But Trump has mastered the art of converting legal setbacks into polling bounces. He’s already in a stronger position today to beat President Joe Biden than he was one year ago, before he was criminally indicted in four jurisdictions. And he and his GOP allies kicked into high gear Tuesday night, playing the victim card and railing against the ruling.

    Here are the key takeaways from the decision and what comes next:

    Trump engaged in insurrection, court says

    The top Colorado court upheld the trial judge’s conclusions that the Jan. 6 assault on the U.S. Capitol was an insurrection and that Trump “engaged in†that insurrection.

    These are key legal hurdles that the challengers needed to clear before Trump could be removed from any ballot, largely because the text of the 14th Amendment doesn’t actually define an “insurrection†or spell out what it means to “engage in†insurrection.

    The justices also affirmed the decision that Trump’s Jan. 6 speech at the Ellipse was not protected by the First Amendment. Trump has unsuccessfully pushed this argument in state and federal courts, which found that he incited violence when he told supporters to “walk down to the Capitol†and “fight like hell†to “take back our country.â€

    “President Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power,†the justices wrote in the 134-page majority opinion.

    The 'insurrectionist ban' does apply to Trump

    The justices broke from the trial judge on one key issue, reversing her controversial decision that the “insurrectionist ban†applies to every office except the presidency.

    Section 3 of the 14th Amendment says oath-breaking insurrectionists can’t serve as senators, representatives, presidential electors, “or hold any office, civil or military, under the United States, or under any State.†But it doesn’t mention the presidency.

    This textual vagueness is why the trial judge kept Trump on the 2024 ballot. But the high court disagreed. And this was the linchpin of their decision to disqualify Trump.

    “It seems most likely that the Presidency is not specifically included because it is so evidently an ‘office,’†the court said, adding that “a conclusion that the Presidency is something other than an office ‘under’ the United States is fundamentally at odds with the idea that all government officials, including the President, serve ‘we the people.’â€

    The U.S. Supreme Court will have the ultimate say

    Everyone knows this isn’t the final word. The case is headed to the U.S. Supreme Court.

    It’s anyone’s guess how the justices will handle the case. How fast will they decide to take up the appeal? Will they hold oral arguments? How quickly will they issue a final decision? The answers to these questions will have implications for the political calendar, with the Iowa caucuses kicking off the GOP primary season in less than a month.

    With the stunner coming out of Colorado, the dynamic has shifted. Trump is now on the losing side of the case, and he needs the nation’s top court to restore his spot on the ballot. That means he’s going to be asking the U.S. Supreme Court – with its conservative supermajority, and with three justices he appointed – to keep his campaign alive.

    “This is an extraordinary and unprecedented holding,†said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in the case that provided legal analysis of the key questions at hand but was neutral on Trump’s eligibility.

    “It puts Trump’s entire election campaign in serious legal jeopardy,†he added. “And the Supreme Court will be asked to hear this election-altering case, something I’m sure it has little appetite to hear.â€

    Paused ruling is good news for Trump

    The ruling said if Trump appeals to the Supreme Court by Jan. 4, which is a near certainty, then the decision will be paused until the nation’s highest court announces whether it will take the case – and, if it does, until it hands down its final decision.

    Jan. 4 is one day before state law requires Colorado Secretary of State Jena Griswold to certify the list of candidates for the March 5 Republican presidential primary.

    Griswold, a Democrat, has said she believes Trump incited the insurrection but hasn’t taken a position on Trump’s eligibility under the 14th Amendment. She said Tuesday on CNN’s “Anderson Cooper 360†that she’ll “follow whatever court decision is in place.â€

    The Colorado justices said Griswold “will continue to be required to include President Trump’s name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.†So even if he stays on the primary ballot, and wins the GOP nomination, that means he could still be disqualified for the general election – and every other state will be watching as it plays out.

    Dissents offer path to Trump victory

    The dissents from the sharply divided 4-3 court offer some legal foundations for Trump to overturn the historic ruling when he inevitably appeals to the US Supreme Court.

    One justice concluded that a candidate shouldn’t be disqualified under the 14th Amendment if they haven’t been convicted of insurrection, which is a federal crime. (Trump is facing other felony charges, but not insurrection, in his federal election subversion case.) Another justice raised due process concerns and said only Congress has the power to enforce the ban. Trump previously raised some of these arguments in the case.

    Even though Trump has bashed the seven-member court for only having Democratic appointees, his team is also embracing the dissents. Talking points circulated by the Trump campaign Tuesday highlighted a stinging comment from Justice Carlos Samour.

    “I have been involved in the justice system for thirty-three years now, and what took place here doesn’t resemble anything I’ve seen in a courtroom,†Samour wrote in his dissent.

    Colorado justices knew history was watching

    The majority opinion acknowledged right off the bat that the case forced them to “travel in uncharted territory†and that the case “presents several issues of first impression.â€

    Indeed, judges have never weighed in on these questions because they never needed to. There has never before been even a remote possibility that a president-turned-insurrectionist would run for office again. The case provides yet another solemn reminder of how Trump made history by becoming the first president to try to stay in power after losing.

    “We do not reach these conclusions lightly,†the majority wrote. “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 favour, and without being swayed by public reaction to the decisions that the law mandates we reach.â€

    CNN’s Devan Cole, Holmes Lybrand and Alayna Treene contributed to this report.

    CTVNews.ca Top Stories

    4 ways in which Donald Trump's election was historic

    Donald Trump's election victory was history-making in several respects, even as his defeat of U.S. Vice-President Kamala Harris prevented other firsts. She would have been the nation's first Black and South Asian woman to be president.

    A Kingston doctor is in a dispute with the Ontario Ministry of Health, which is trying to clawback more than $600,000 in OHIP payments.

    U.S. search engine queries about moving to Canada shot up Wednesday in the wake of Donald Trump’s decisive win in the presidential election.

    Canada

    • U.S. search engine queries about moving to Canada shot up Wednesday in the wake of Donald Trump’s decisive win in the presidential election.

    • A Kingston doctor is in a dispute with the Ontario Ministry of Health, which is trying to clawback more than $600,000 in OHIP payments.

    • A Brampton, Ont. landlord says he's shocked after two e-transfers he was meant to receive were blocked from his account by scammers.

    • Calgary police have charged a senior with sexual assault, and say the accused was a volunteer sponsor who helped families immigrate to Canada.

    • As Brampton, Ont., deals with the fallout of two days of violent protests outside a Hindu temple, other Ontario cities are also considering enacting local laws that would prohibit protests near institutions such as schools, hospitals and places of worship.

    World

    Politics

    Health

    • Time out: How to manage stress in the U.S. election

      Following a particularly polarizing U.S. election that brought Donald Trump’s comeback to the presidency, some may be dealing with feelings of anxiety and stress, emotional wellness expert Michelle Jacob says.

    • The Saskatchewan Health Authority says people who ate food from a pizza restaurant near Saskatoon last month may have been exposed to typhoid fever.

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    Sports

    • Edmonton Oilers captain Connor McDavid is playing against the Vegas Golden Knights Wednesday night.

    • Nino Niederreiter showed his veteran savvy in his 900th NHL career game on Tuesday.

    Autos

    Local Spotlight

    A Vancouver artist whose streetside singing led to a chance encounter with one of the world's biggest musicians is encouraging aspiring performers to try their hand at busking.

    Ten-thousand hand-knit poppies were taken from the Sanctuary Arts Centre and displayed on the fence surrounding the Dartmouth Cenotaph on Monday.

    A Vancouver man is saying goodbye to his nine-to-five and embarking on a road trip from the Canadian Arctic to Antarctica.

    A Windsor teen’s social media post showing off a distinctive Windsor pizza topping has gone viral, drawing millions of views worldwide and sparking new curiosity about Windsor-style pizza.

    Auston Matthews has come face to face with his look-alike. On Thursday, the Maple Leafs star met seven-year-old Grayson Joseph, who went viral for dressing up as an Auston Matthews hockey card.

    A Halifax junk remover shares some of his company’s strangest discoveries.

    When Leah arrived at work directing traffic around a construction site, she never expected to see a van painted in all sorts of bright colours, and covered in eclectic decorations, including a stuffed moose attached to its roof.

    After 14 years of repairing and selling bicycles out of the garage of her home, a Guelph, Ont. woman’s efforts have ended – for now, at least.

    Epcor says it has removed more than 20,000 goldfish from an Edmonton stormwater pond.

    • Political leaders in British Columbia offered their congratulations to U.S. president-elect Donald Trump on Wednesday, as concerns loom about the impact his administration will have on the province’s economy.

    • A petting farm on Vancouver Island is mourning the loss of its entire flock of chickens and ducks after they contracted avian influenza.

    • A majority of Canadians would support making the denial of residential school atrocities a criminal offence, according to a new survey.

    • Six people have been transported to hospital after a fire at an apartment building in North York.

    • Police are searching for a suspect who is wanted for two recent arsons in Toronto’s Little Italy neighbourhood.

    • Two suspects accused of selling stolen cars while employed at a legitimate car dealership in Toronto are now facing a combined 176 charges, police say.

    • Calgary police have charged a senior with sexual assault, and say the accused was a volunteer sponsor who helped families immigrate to Canada.

    • Calgary police have charged a youth accused in a bear spray attack at Market Mall.

    • OPINION

      OPINION

      If the Canadian government wants to reduce emissions, it should follow the private sector’s lead – and strong track record – and withdraw the emissions cap. With the election of Donald Trump, it’s simply not negotiable.

    • As the dust settles following a tumultuous U.S. presidential election, people north of the border are trying to make sense of what a second term as president for Donald Trump means for Canada.

    • A Kingston doctor is in a dispute with the Ontario Ministry of Health, which is trying to clawback more than $600,000 in OHIP payments.

    • One day after a devastating fire in Orléans that destroyed two homes and significantly damaged a third, friends and neighbours are rallying around those impacted by the massive blaze that spread quickly.

    • Quebec Premier François Legault is raising concerns about the prospect of a wave of migrants coming to the province following Donald Trump’s victory in the U.S. presidential election.

    • A remote northern Quebec community is demanding justice after a man was shot and killed and his twin brother seriously injured by police responding to a drunk driving call.

    • After obstructing or attempting to obstruct the work of the National Assembly's ethics watchdog, CAQ MNA Sylvain Lévesque resigned from his position as second vice-president of the Assembly on Wednesday.

    • One person is dead and another is in hospital in critical condition because of a crash on Tuesday in Parkland County.

    • The Alberta government is asking rural municipalities to send letters naming oil and gas companies that aren't paying their property taxes, but one rural leader says there's no hope for enforcement.

    • A long-time Little Italy locale has reopened.

    • As police investigate the killing of a 71-year-old woman in Nova Scotia by her male partner, the head of an Ontario research group on violence against women says the situation is all too familiar.

    • An inquest into the death of a 13-year-old New Brunswick girl who died in 2022 following an incident involving a school bus wrapped up Wednesday with multiple recommendations from the jury.

    • A commercial lobster fishing group in Nova Scotia has gone to court seeking $10 million in damages against companies it alleges are buying illegally caught lobster.

    • Police are investigating after 19 vehicles were involved in a fatal collision on a Manitoba roadway.

    • Health advocates are warning Manitobans about an odorless, colourless killer that could be lurking in your home.

    • U.S. search engine queries about moving to Canada shot up Wednesday in the wake of Donald Trump’s decisive win in the presidential election.

    • The Saskatchewan Health Authority (SHA) is warning about a possible exposure of salmonella typhi — a bacteria that can cause typhoid fever.

    • Three people are dead after a serious crash involving two vehicles closed down Highway 4 near Swift Current on Tuesday afternoon.

    • YWCA Regina has officially opened their new Kikaskihtanaw Centre for Women and Families.

    • The Saskatchewan Health Authority (SHA) is warning about a possible exposure of salmonella typhi — a bacteria that can cause typhoid fever.

    • After serving as a 14-year MLA and a 12-year cabinet minister, handling key portfolios like justice, education and serving as deputy premier, Wyant is back in Saskatoon running for mayor.

    • It’s election day south of the border and even if Saskatoon residents aren’t casting ballots, many are watching the outcome closely and bracing for impact.

    • Ontario's Special Investigation Unit has clear police actions in a shootout with a murder suspect last June that left one police officer with bullet wounds to his neck.

    • Traffic on the Lasalle extension in Sudbury came to a halt Wednesday afternoon after the roof of a silver BMW was sheared off in a crash.

    • Drewlo Holdings and Auburn Developments confirmed the sale of 7.23 hectares (18 acres) of land to the Upper Thames River Conservation Authority (UTRCA) on Wednesday morning.

    • A man is in serious condition after a collision on Tuesday evening.

    • On October 22, a woman with blonde hair wearing a grey maxi-dress and black backpack rode past homes on Davis Street on a red mountain bike.

    • The trial for a Simcoe County couple accused of human trafficking resumed in a Bradford courtroom on Wednesday, with the complainant testifying the defendants left her physically, emotionally, and mentally exhausted.

    • One person has died after fire broke out in a house in Wasaga Beach.

    • A Kleinburg woman plans to make sure her family has a very merry Christmas after winning the lottery.

    • Windsor police are looking for a suspect after shots were fired in a downtown parking lot.

    • Windsor police have arrested two suspects and seized over $65,000 in drugs.

    • The Windsor Police Service has issued an arrest warrant for the suspect wanted in connection to Monday’s downtown stabbing.

    • A petting farm on Vancouver Island is mourning the loss of its entire flock of chickens and ducks after they contracted avian influenza.

    • British Columbia Premier David Eby's new cabinet will be introduced at a swearing-in ceremony on Nov. 18, the premier's office announced Wednesday.

    • British Columbia port employers say they may be "required to reassess" their position on a current offer to more than 700 unionized workers as a lockout shuts down most shipping on the West Coast.

    • Police in Kamloops, B.C., are reminding parents and guardians to check their children's Halloween candy after receiving a report of a mother finding a razor blade in one of her daughter's treats.

    • More than two years after Alannah Brown and Douglas Barker were found dead north of Penticton, police are asking for help identifying a vehicle they believe was associated with the crime.

    • Dave Lindsey began growing giant pumpkins to bring a bit of magic to his grandkids' Halloween.

    • Election polls are closing across the United States as Kamala Harris and Donald Trump battle for the presidency. Many southern Albertans have an interest in the outcome.

    • A Lethbridge police officer has been charged in connection with a physical altercation that took place while he was on duty at a holding facility.

    • Lethbridge crews are working to repair three separate water main breaks throughout the city.

    • UCCM Anishnaabe Police Service and the Ontario Provincial Police are conducting a ground search Wednesday for a woman missing since last month.

    • A 50-year-old man in Sault Ste. Marie is charged with performing an indecent act in public and causing a disturbance after allegedly flashing multiple people including youths.

    • As Americans decide the future of their country Tuesday, the presidential election is a major event for Canadians, too. That's especially the case for border cities like Sault Ste. Marie, where residents are especially tuned in.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at Â鶹´«Ã½. We may earn a commission when you use our links to shop. Read about us.

    Stay Connected
    Follow Â鶹´«Ã½