DONALD Trump has been ruled ineligible to run for US president for allegedly engaging in insurrection, the Colorado Supreme Court has ruled.
It means the brash tycoon risks being banned from appearing on the state's ballot for next year's GOP primary.
The ruling was handed down in a 4-3 decision by judges who have all been appointed by Democratic governors.
It will remain, however, on hold until January 4 pending an appeal, which Trump is expected to make to the US Supreme Court.
But, Trump, who lost the Colorado 2020 election vote by 13 percentage points, can still run for US President in next year's election.
A Republican presidential candidate has not carried Colorado since George W. Bush's victory in the state where he defeated John Kerry.
The ruling only applies to the state's primary election on March 5, when Republican voters will choose their preferred candidate for president.
But, it could have national implications - particularly if the Supreme Court upholds the verdict.
It could inspire other state supreme courts to pass motions that ban Trump from the ballot - potentially in crucial battleground states.
“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor warned.
“This is a major threat to Trump’s candidacy.”
States have been litigating Trump's eligibility since his association with the Capitol protests on January 6, 2021.
The former president shared tweets during the riot that encouraged protesters to demonstrate while claiming the election results were stolen by Democrats.
Voters have since cited this day as a reason to disqualify Trump, as his actions could be a violation of the 14th Amendment in the US Constitution.
A clause in the amendment states that no person who has "engaged in insurrection of rebellion" can hold a position in federal office.
Courts in Minnesota and Michigan have already thrown out similar suits, and a lower court in Colorado also ruled that Trump was still eligible.
But the higher court overturned the ruling on Tuesday.
“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the Colorado high court said in a statement.
“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 ruling said.
This marks the first time in history that a presidential candidate has been qualified using Section 3 of the 14th Amendment.
“We do not reach these conclusions lightly,” the court's 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 favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Trump's campaign spokesperson Steven Cheung released a statement on Tuesday evening following the ruling.
“Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls. They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November,” Cheung said in a statement, per The Hill.
“The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision,” he continued.
“We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.”
