Holland & Hart appellate and constitutional law partner Christopher Jackson shared insights with The New York Times and The Denver Post about the composition of the Colorado Supreme Court and the complexities of the split decision ruling barring Trump from the state's primary ballot.
On the perception of partisanship within the Colorado Supreme Court, Jackson explained to The New York Times that “It’s perceived to be way less political than the U.S. Supreme Court, and I think it’s true that it’s way less political,” adding, “There aren’t really conservative and liberal justices in the way that we describe the U.S. Supreme Court justices.”
Jackson told The Denver Post, “The Colorado Supreme Court’s seven members all were appointed by Democratic governors. Despite that, it has a reputation for being much less political than the U.S. Supreme Court — with its current 6-3 conservative majority — or even many federal appeals courts,” adding, “You get very different agreements and disagreements on issues — there are no blocs.”
Jackson also told The Denver Post he saw “the 4-3 split on Trump’s case as unusual for the court, which usually rules unanimously or with just one or two dissenters and chalked that up to the number and difficulty of the questions the justices were asked to decipher.”
On the substance of the Court’s ruling, Jackson said, “I’ve spent a good amount of time looking at the case and it’s very, very difficult from a legal perspective …There are so many different ways to come out on all of those questions.”
Read The New York Times article here: “The Colorado Court That Barred Trump: Appointed by Democrats but Narrowly Split,” December 20, 2023, (subscription needed)
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, (subscription needed)