major impact on the 2024 race for the White House.

A divided Colorado Supreme Court has# ruled that Donald Trump is ineligible to serve as president under the Constitution's# insurrection clause.

And it barred him from that## state's primary ballot.

The ruling sets up# a likely showdown at the U.S. Supreme Court.

The ruling by the Colorado Supreme Court# was the first to say that Donald Trump's## efforts to overturn Joe Biden's 2020# election victory disqualify him from## running again under a post-Civil War# era provision of the Constitution that## bans insurrectionists from holding public office.

The justices pointed to Mr. Trump's own words# in his speech at the U.S. Capi DONALD TRUMP, Former President of the# United States (R) and Current U.S.## you're not going to have a country anymore.

GEOFF BENNETT: Attorney Eric Olson argued the ERIC OLSON, Citizens for Responsibility# and Ethics in Washington: So I'm very## proud because this is what it means to have the# rule of law, where you're gi GEOFF BENNETT: Four of the court's seven# justices, all appointed by Democrats,## upheld the finding that the January 6 assault# on the U.S. Capitol was an insurrection,## that Mr. Trump engaged in that# insurrection, and that the 14th## Amendment's ban on insurrectionists holding# public office applies to the former presi They wrote: "Because he is disqualified, it would# be a wrongful act under the election code for the## Colorado secretary of state to list him as a# candidate on the presidential primary ballot."

The dissenting justices argue: "Absent a# conviction, it's up to the federal government,## not the states, to determine# who is an insurrectionist."

Justice Carlos Samour wrote that: "A patchwork# of state rulings ris "This can't possibly be the# outcome the framers intended."

Republican reaction from the# campaign trail was swift.

FMR.

GOV.

CHRIS CHRISTIE (R-NJ), Presidential# Candidate: I do not believ be prevented from being president of the# Un should be prevented from being president of the# United States by the voters of this country.

GOV.

RON DESANTIS (R-FL), Presidential# Candidate: There was no trial on any o this.

They basically j just say that Biden can't be on the ballot# because he let in eight million ille GEOFF BENNETT: The ruling in Colorado stands in# contrast to challenges to Mr. Trump's eligibility## elsewhere.

Courts in Arizona, Michigan,# Minnesota, New Hampshire, Rhode Island,## and Florida found in the former president's favor,# as cases in other states are still playing out.

The Colorado ruling will be placed on hold# until January 4, pending Mr. Trump's appeal## to the U.S. Supreme Court, which could# settle the matter for the entire country.

To discuss the ruling, we're joined# now by constitutional law expert and## former acting U.S.

Solicitor General Neal Katyal.

Neal, welcome back to the program.

So the Colorado Supreme Court rule under the Constitution's Insurrection# Clause, Donald Tru right to run for president again.

In your# estimation, did that court get it right?

NEAL KATYAL, Former Acting U.S. Solicitor# General: I think the court did get it right.

I mean, it's obvious a moment it's a horrible day, because we shouldn't really# be here in a situation in which the courts have## to come in and say someone is disqualified# for, of all things, being an insurrectionist.

But that is, after all, what the 14th Amendment# to our Constitution added in 1868 says.

And## people like me kind of would much prefer# to beat Trump at the ballot box.

But our## founders did have this absolute constitutional# requirement that you can't be an insurrectionist,## just like you have to be 35 years# old and a natural-born citizen.

GEOFF BENNETT: When this question came before# the Minnesota Supreme Court in November,## the chief justice there raised the# concern that there would be chaos,## that some states keep Trump off the# ballot, while others allow him on.

And she asked the question, should# we do it even if we could do it?

How do you see it?

NEAL KATYAL: Well, the 14th Amendment shouldn't say what# it says.

But the truth is, it does.

And I don't think these kinds of policy# concerns should really inform ultimately## what is a constitutional question.

I# think, at this point, Donald Trump had## his chance in Colorado to try and say he# wasn't an insurrectionist.

He lost that.

And given that finding by the Colorado# trial judge and Trump's own attempts to## try and delay any sort of criminal# adjudication into the question,## I think the finding that the Colorado# Supreme Court made yesterday is right.

GEOFF BENNETT: And the Colorado# Supreme Court, as we reported,## they delayed this ruling taking effect, so that# Dona which is seen as the inevitable arbiter as# to whether the 14th Amendment applies to him.

How quickly will the court take this up?

NEAL KATYAL: I think the court# can act very quickly.

I in Bush v. Gore, which I was involved in,## it was about 36 days start to finish.

I th Right now, they actually are in# their winter recess, with about## six weeks off with no oral arguments at# all.

So I th GEOFF BENNETT: Is there anything in the# dissenting opinions from the Colorado## Supreme Court that would be of interest to the# conservative majority on the NEAL KATYAL: Most of it is# not actually of interest,## Geoff.

Most of it's about Colorado state with the majority that you could go into# Colorado court and make this kind of action.

But when it goes to the United States Supreme# Court, that court can't second-guess Colorado## Supreme Court's decision about matters of# Colorado law.

So you only have some of the## arguments Trump was making, which weren't# persuasive to the Colorado Supreme Court,## available in the U.S. Supreme Court, the# argument that he's not an officer of the## United States, which is just texturally# absolutely wrong, or that he hasn't been## adjudicated in a criminal case guilty of# insurrection, which I think is also wrong.

I mean, this is a Supreme Court, Geoff,# composed of strict constructionists,## people who look at the text of the Constitution,# and the text of the Constitution is as c day.

Insurrectionists can't hold office, and# presidents are officers, and that the text of## the Constitution basically just says this is an# ironclad requirement, and it's got to be enforced.

GEOFF BENNETT: Well, a question about that,# because Donald Trump's political fate now## rests with the court that he helped# shape.

Is success for him gi ven that three of the justices# on the court right now are justices## that he appointed and helped# shift that court to the right?

NEAL KATYAL: Oh, I think that's# absolutely the wrong way to look at this.

I mean, first of all, historically, the# United States situations -- Richard Nixon's case about executive# privilege had three of his own appointees on it,## but it was an 8-0 decision against Richard# Nixon, which ultimately led to his impeachment.

With Donald Trump, this is the court that# rejected in 2020 time and time again Donald## Trump coming before the court to try and say# there was election fraud and the like.

It's## the court that rejected his executive privilege# claims and sided with the January 6 Committee## 8-1 in the decision last year, and it's a# court that in Moore v. Harper case that I## argued about the Republican independent# state legislature theory threw that out## on a 6-3 vote as well, despite people# like John Eastman pushing that theory.

So this is a court that is very much capable of# doing the right thing.

And here, when the text of## the Constitution is so clear and doesn't have# anything like, oh, you got to be convicted in## order to be subject to the 14th Amendment, I think# it's a very hard case for Donald Trump's lawyers.

GEOFF BENNETT: Neal Katyal,# always appreciate your insights.

NEAL KATYAL: Thank you.