The Supreme Court on Thursday seemed poised to allow former president Donald Trump to remain on the Colorado ballot, expressing deep concerns about permitting a single state to disqualify the leading Republican candidate from seeking national office.
Colorado
Supreme Court poised to allow Trump to remain on Colorado ballot
The court was considering the unprecedented and consequential question of whether a state court can enforce a rarely invoked, post-Civil War provision of the Constitution to disqualify Trump from returning to the White House.
During more than two hours of argument, the justices asked questions that suggested that t he often deeply divided court could reach a unanimous or near-unanimous decision to reject the challenge to Trump’s eligibility brought by six Colorado voters. Not since the court’s 2000 ruling in Bush v. Gore has the Supreme Court been thrust into such a pivotal role in a presidential election.
Liberal Justice Elena Kagan repeatedly questioned whether one state should be allowed to decide whether a presidential candidate is disqualified. “Why should a single state have the ability to make this determination not only for their own citizens but for the rest of the nation?” she asked, adding, “That seems quite extraordinary, doesn’t it?”
Conservative Justice Amy Coney Barrett agreed, adding that “it just doesn’t seem like a state call.”
Trump is quickly closing in on the GOP nomination, and several justices suggested that a state court ruling initiated by voters in one state to bar him from federal office would throw the presidential race into extreme disarray.
Chief Justice John G. Roberts Jr. predicted that a number of other states would quickly try to disqualify the leading Democratic candidate if the justices allowed the Colorado decision to stand. He called the prospect of a handful of states deciding the presidential election a “pretty daunting consequence.”
Justice Brett M. Kavanaugh worried about disenfranchising voters if the court removed the leading Republican presidential candidate from the ballot. “What about the idea that we should think about democracy, think about the right of the people to elect candidates of their choice, of letting the people decide?” he asked.
In response, attorney Jason Murray, representing the Colorado voters, said, “The reason we’re here is that President Trump tried to disenfranchise 80 million Americans who voted against him, and the Constitution doesn’t require that he be given another chance.”
The high court could announce a decision at any time. Its opinion is expected to resolve the issue in other states with similar challenges to Trump’s eligibility.
Colorado’s top court put its December ruling on hold while the litigation continues. Trump’s name will appear on the state’s already printed March 5 primary ballot.
At issue is Section 3 of the 14th Amendment, which prohibits anyone who previously pledged to support the Constitution as “an officer of the United States” from returning to office if they betrayed their oath by engaging in insurrection.
The challenge to Trump’s candidacy was brought by six Colorado voters — four Republicans and two independents. After a five-day trial, a lower court judge in November concluded that Trump engaged in insurrection when he summoned his supporters to Washington and encouraged an angry crowd to disrupt Congress’s certification of President Biden’s 2020 victory. But the judge also found that Section 3 did not apply to the presidency.
A divided Colorado Supreme Court disagreed and barred Trump from the ballot, prompting his appeal to the Supreme Court. Maine’s secretary of state reached the same conclusion, but her decision is also on hold.
Much of the discussion Thursday centered on differing interpretations of the text and history of the 14th Amendment provision, also known as the disqualification clause, which was initially intended to stop former Confederates from returning to power after the Civil War.
Conservative Justice Clarence Thomas and liberal Justice Ketanji Brown Jackson — two justices who have not often agreed on the most divisive issues before the court — both expressed deep skepticism of the Colorado voters’ view of the scope of the 14th Amendment, agreeing with Roberts’s assessment that the post-Civil War amendment was aimed at limiting the power of the states.
And yet, Roberts said, the Colorado voters seeking to remove Trump from the ballot appear to be trying to use the same amendment to say states have the power to prevent candidates from running for nationwide office.
“That seems to be a position that is at war with the whole thrust of the 14th Amendment and very ahistorical,” Roberts said.
The text of Section 3 does not specify who is supposed to enforce the clause or when it should be invoked.
Trump’s attorney, Jonathan Mitchell, told the justices that Congress, not state courts or officials, enforce the provision and that Trump’s passionate political speech on Jan. 6 did not amount to insurrection. Section 3 does not apply to Trump, they emphasized, because the president is not an “officer of the United States,” which is the term the section uses to discuss potential insurrectionists.
Mitchell pointed to three other sections of the Constitution — the appointments clause, the commissions clause and the impeachment clause — that distinguish between the president and “officers” appointed by the president.
On the other side, leading historians and the Colorado voters working with Citizens for Responsibility and Ethics in Washington have cast doubt on the idea that the framers of Section 3 would have created a loophole for oath-breaking, insurrectionist former presidents.
Murray, the voters’ lead attorney, urged the justices not to create a “special exemption” from the disqualification clause for Trump.
The former president’s eligibility is not the only question before the court that could affect Trump’s political future. He is expected to asked the Supreme Court to reverse a ruling this week from the U.S. Court of Appeals for the D.C. Circuit that said he is not protected by presidential immunity from being prosecuted for trying to block Biden’s 2020 victory.
The justices separately have said they will review the validity of a law that was used to charge hundreds of people in connection with the Jan. 6 riot and is also a key element of Trump’s four-count federal election obstruction case in Washington.
In a sign of the significance of the case before the Supreme Court on Thursday, the courtroom was filled with many guests of the justices, high-profile visitors and dozens of journalists. Among those in attendance was Rep. Jamie Raskin (D-Md.), who helped lead the impeachment proceedings against Trump after the attack on the U.S. Capitol.
Trump listened to the argument from Mar-a-Lago in Florida and called it “a beautiful thing to watch, in many respects.”
“I thought the presentation today was a very good one,” Trump said at a news conference after the arguments concluded. “I think it was well received. I hope it was well received.”
This is a developing story. It will be updated.
Rachel Weiner, Amy B Wang and Isaac Arnsdorf contributed to this report.
Colorado
Coloradans have gloomy outlook on economy, elected leaders — and fear rise in political violence, poll finds
Colorado voters hold a dim view of national politics, with nearly 3 in 4 characterizing the political situation as “in crisis.” And further, nearly two-thirds of respondents to a new poll fear political violence will worsen over the next few years.
Overall, the results from the Colorado Polling Institute, with the results released in phases on Thursday and Friday, show a dour outlook dominating the Centennial State 10 months into President Donald Trump’s second term. The poll also was conducted a month into the recently concluded — and record-long — federal government shutdown, and less than two months since the assassination on a college campus of conservative political activist Charlie Kirk.
Outside politics, 46% of Colorado voters said they think the economy will only get worse, while another 43% think it’ll only stay about the same — leaving a sliver of voters, just 12%, with a rosy outlook.
“I think it’s a general sense that there’s so many different issues that are weighing on them — they’re concerned about the economy, they’re even concerned about jobs today, it’s not just cost of living anymore. That just combines to be a real downer,” said pollster Lori Weigel, principal of New Bridge Strategy, the Republican half of the bipartisan team behind the poll.
Add in fears of political violence and an overall crisis of governance, Weigel said, and “how can you be sort of positive when you feel like that’s happening?”
Colorado voters are also reeling from the down economy more than the rest of the country, the pollsters found: 61% of respondents said they had cut spending on nonessential items compared to last year, versus 42% of the nation writ large, and 28% of Coloradans said their habits had remained about the same, compared to 43% of the nation.
The poll was in the field Nov. 1-5. The pollsters conducted online interviews with 622 registered voters that featured an over-sample of Hispanic voters to gauge that demographic’s views on certain questions. The survey has a margin of error of plus or minus 3.9 percentage points.
Hits to politicians’ favorability ratings
Coloradans’ souring feelings on politics as a whole have bled over to state leaders, though the changes were often within the margin of error. Gov. Jared Polis, a Democrat, is now slightly underwater with voters in favorable feelings, at 45% favorable to 46% unfavorable, according to the poll.
It’s a noticeable slip from March, when a bare majority, 51%, of voters held a favorable opinion of the term-limited governor and 40% had an unfavorable view. More voters also hold a very unfavorable view of him now, at 33%, than earlier this year, when it was 26%.
U.S. Sen. John Hickenlooper, a Democrat who is up for reelection next year, saw a similar slip, going from 49% favorable to 43% between March and this month. His unfavorable rating was 36% in March and 38% this month.
U.S. Sen. Michael Bennet, a Democrat who is now running for governor, saw a similar slip in overall favorability. Voters’ opinions moved from 45% favorable in March to 41% now, and unfavorable opinions ticked up from 31% to 35%.
More than half of all respondents didn’t have an opinion of Attorney General Phil Weiser, a Democrat who is running against Bennet in the primary to be the next governor.
In a Democrat-only breakdown, with a larger polling margin of error of 7.5 percentage points, Weiser suffered from a similar lack of recognition, with 57% not registering an opinion of him and 34% with a favorable view, to 9% with a negative one. Nearly 60% of Democratic voters, meanwhile, had a favorable opinion of Bennet, to 19% with an unfavorable view.
The pollsters did not ask about the two in a head-to-head matchup for next June’s primary.
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Colorado
Historic Colorado River deal to conserve flows advances after winning key approval from state water board
A yearslong effort to purchase two of the most powerful water rights on the Colorado River has cleared another hurdle after the state water board agreed to manage the rights alongside Western Slope water officials.
The Colorado Water Conservation Board voted unanimously Wednesday night to accept the two water rights tied to the Shoshone Power Plant into its environmental flow program. The approval is a critical piece in the Colorado River District’s $99 million deal with the owner of the aging plant in Glenwood Canyon — Xcel Energy — but the deal has faced pushback from Front Range water providers that fear the change could impact their supplies.
Backers of the deal aim to make sure the water now used by the small hydroelectric plant — and then put back in the river — will always flow westward.
“The importance of today’s vote cannot be overstated as a legacy decision for Colorado water and the Western Slope,” Andy Mueller, general manager of the Colorado River District, said in a news release. “It secures an essential foundation for the health of the Colorado River and the communities it sustains.”
Colorado water officials hailed the decision as a monumental achievement for the state that will help protect the river and its ecosystem. The state’s instream flow program allows the Water Conservation Board to manage dedicated water rights for the health of rivers, streams and lakes.
“Acquiring the Shoshone water rights for instream flow use is a once-in-a-lifetime opportunity to preserve and improve the natural environment of the Colorado River,” Dan Gibbs, the executive director of the Colorado Department of Natural Resources, said in a news release.
One of the main sticking points during the hourslong meeting Wednesday was whether the board should manage the water rights with the River District. That would include decisions on how and when to require upstream users — like Front Range utilities — to send more water downstream. Generally, the board is the sole manager of water rights in its instream flow program, which the Shoshone rights are now a part of.
Several Western Slope entities said they would withdraw their financial support from the purchase if the Colorado River District was not allowed to co-manage the right with the board. Local governments and other organizations across the Western Slope promised more than $16 million toward the purchase.
Front Range water providers argued that the statewide board is the sole authority that can manage such rights and should have final decision-making power.
The water board instead approved the co-management strategy, which means that the two authorities will decide together how to act when there is not enough water to meet the right’s obligations.
The Colorado River District — a taxpayer-funded agency that works to protect Western Slope water — wants to purchase the Shoshone rights to ensure that water will continue to flow west past the plant and downstream to the towns, farms and others who rely on the Colorado River, even if the century-old power plant were decommissioned.
A stream of Western Slope elected officials, water managers and conservation groups testified in support of the deal and the rare opportunity it presented.
“The Shoshone call is one of the great stabilizing forces on the river — a heartbeat that has kept our valley farms alive, our communities whole and our economies steady even in lean years,” Mesa County Commissioner Bobbie Daniel said, urging the board to approve the plan.
The meeting on Wednesday came after weeks of extensive mediation between the River District and Front Range entities. However, the representatives from opposite sides of the Continental Divide could not come to a consensus on a way forward.
Representatives from Front Range utilities have said repeatedly that they supported the purchase as a whole, but they stated concerns about the purchase changing the status quo on the river.
The water rights connected to the plant are the oldest major water rights on the main stem of the Colorado River, which means that they must be fulfilled before any rights established afterward. Those include more junior rights held by Front Range utilities to divert water from the river and bring it under the Continental Divide to their customers.
The plant’s rights can command up to 1,408 cubic feet of water per second year-round, or about 1 million acre-feet a year — enough water for 2 million to 3 million households’ annual use.
The Water Conservation Board’s approval is one of several that must be acquired by the River District. The deal now must go through the state’s water court and its Public Utilities Commission.
Along with the $16 million coming from Western Slope entities, the district will pay $20 million and the Water Conservation Board allocated another $20 million. The financial plan also includes $40 million awarded under the federal Inflation Reduction Act by the Biden administration, but that money remains frozen as part of the Trump administration’s broad halt to spending by the previous president.
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Colorado
Colorado’s Oldest Fan Celebrates 101st Birthday
Boulder, Colorado’s most famous symbol of loyalty, has reached yet another milestone. Peggy Coppom, the legendary Colorado Buffaloes superfan, turned 101 this week, celebrating with family, former athletes, coaches, and generations of fans whose lives she’s touched with her simple devotion to CU.
For Colorado coach Deion Sanders, Peggy is a familiar face in the stands. “Miss Peggy, in her own tremendous, loving way, she gives all of us hope,” Sanders shared last season. “You know how many decades we’re apart? But we still found one another. I thank God for that.”
If you want to know what it means to show up—through good seasons and bad— you’ll hear Peggy’s name every time. After attending her first CU football game in 1940, Coppom, alongside her late twin sister Betty Hoover, became a fixture in the stands. For nearly six decades, the twins rarely missed a home game, their loyalty unwavering even as Boulder changed and college football along with it.
Over the years, Peggy has watched Colorado battle through everything from stadium renovations to conference realignments. Her seat at Folsom Field has weathered championship runs and heartbreaks.
“Once we could afford season tickets, we jumped in,” she once recalled.
Now, Peggy has watched more than 330 home games, and her near-perfect attendance record is a feat matched by few in college sports.
Peggy Coppom’s story is a legacy that is woven into Boulder’s history. She and Betty saw Boulder transform from a small town into a lively college city of more than 100,000, with the university at its heart. They raised families while supporting CU from the stands and navigated losing seasons, and Peggy has embraced the program’s modern rise under Coach Prime.
Even after breaking her femur in 2024, Peggy made it to the Buffs season opener and is a familiar face at the Downtown Boulder Pearl Street rally and at bowl games.
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Peggy’s enthusiasm and kindness are infectious. On her 101st birthday, she was surprised by former CU star Jaylyn Sherrod at the CU women’s basketball game—one of many small celebrations joining together to honor Peggy.
For much of the community, Peggy’s life stands as an example of hope and joy, no matter the scoreboard or the challenges that come with being a fan of the Buffaloes.
Coach Prime’s public admiration has only magnified her legacy, weaving Peggy’s story into the current era of CU athletics.
“She’s consistent with who she is,” Sanders said. “Her memory is sharp as a tack. Just always pleasant… always has something profound and peaceful to say to me.”
Peggy Coppom’s 101 years encapsulate the best of the Buffs Nation and Boulder community. She shows the ability to show up and to celebrate the players at their very best. Her advice for fans and athletes is to always cherish the memories, love the people, and stay true to the black and gold.
Peggy summed up her induction into the CU Athletics Hall of Fame in 2022, saying, “I can’t think of one person or anybody that’s ever been given an award like this for simply having a good time.”
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