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December 21, 2023
The Denver Post

Jessica Smith Quoted in The Denver Post's article, "Colorado's Trump ruling sets off political firestorm, raising legal stakes and putting state at center of debate"

Holland & Hart constitutional law partner Jessica Smith shared insights with The Denver Post on the nationwide implications of the unprecedented Colorado Supreme Court decision which disqualified former President Donald J. Trump from being listed as a candidate on the 2024 presidential primary ballot in Colorado. 

While the U.S. Supreme Court’s likely review is unresolved, Smith predicted a burst of activity in states with similar election laws, as Trump opponents try to leverage Colorado’s ruling. “No one wants to be the first to say something new,” Smith said. “And that’s precisely what the Colorado Supreme Court did here.”

She predicted a tough road ahead for the plaintiffs seeking to keep Trump off the ballot.

Smith listed off the questions that could be raised before the high court, including: Was the Colorado court correct in finding the presidency falls under the offices covered by the insurrection clause? Did Trump engage in insurrection? Was he afforded appropriate due process in Colorado’s courts? Did the First Amendment protect Trump’s speech ahead of the Capitol riot — a key piece of the insurrection claim?

And is that question even appropriate for the courts to consider, or is it too political for judges’ jurisdiction?

"Donald Trump only has to win one issue of any individual issues,” Smith added, but the plaintiffs “have to win on everything."

Read the Denver Post article here:
"Colorado’s Trump ruling sets off political firestorm, raising legal stakes and putting state at center of debate," December 20, 2023


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