Four liberal Colorado Supreme Court justices are behind Monday night’s landmark ruling that former President Donald Trump will not be allowed to appear on the state’s 2024 presidential ballot.
The Democratic-appointed justices who made the decision included three Ivy League graduates — two of whom were wrongfully accused of harassment and discrimination — as well as the first Latina and openly gay woman to serve on Colorado’s highest court.
Their decision marks the first time in history that Section 3 of the Fourteenth Amendment — which disqualifies rebels from office — has been used to prohibit a presidential candidate from appearing on the ballot.
Together, Judges Richard L. Gabriel, Melissa Hart, Monica Márquez and William W. Hood III said they had “little difficulty” in determining that the events of January 6, 2021, constituted rebellion and that Trump was indeed “involved” in the alleged rebellion.
Below, The Post delves into the careers of the four justices who formed the majority opinion.
Richard L. Gabriel
Judge Gabriel, a native of Brooklyn, New York, was appointed to the Supreme Court in June 2015, following a career in commercial and intellectual property law, according to his biography on the Colorado Judicial Branch website.
Judges Richard L. Gabriel, Melissa Hart, Monica Márquez and William W. Hood III formed the majority opinion to kick former President Donald Trump off the ballot in the state. Colorado Judicial Branch Judge concludes Trump engaged in alleged treason on January 6, 2021. AP
He graduated from Yale University, earning a bachelor of arts degree in American studies, and went on to earn a law degree from the University of Pennsylvania.
In a 2018 judicial performance review, lawyers wrote that “Judge Gabriel’s performance was strong in the areas of being prepared for oral argument, courteous and treating parties equally.
“The Commission believes that Justice Gabriel is a valuable asset to the Supreme Court,” the Judicial Performance Evaluation Commission concluded.
Years later, in 2021, a female law clerk accused Gabriel of harassment, the Denver Post reported at the time.
But an outside organization called in to investigate allegations of harassment and gender discrimination determined that the accusations were unfounded.
Melissa Hart
Justice Hart was appointed to the bench in December 2017, and serves as an adjunct professor at the University of Colorado School of Law and the University of Denver’s Sturm College of Law, according to his bio.
He went to Harvard-Radcliffe for his undergraduate degree, then returned to Harvard for his law studies.
He maintains an active pro bono practice, and continues to actively represent clients even as he serves on the bench.
The Office of Judicial Performance Evaluation 2020 found that he is “fair and impartial, makes decisions without regard to possible criticism and treats parties equally, regardless of race, gender or economic status.”
Judge Melissa Hart was appointed to the bench in December 2017, and serves as an adjunct professor at the University of Colorado School of Law and the University of Denver’s Sturm College of Law. AP
In September, Hart even warned attorneys about the obstacles people face in accessing Colorado’s justice system when he unveiled a vision for the Colorado Department of Justice, Colorado Politics reported.
It said: “We are committed to acting with integrity, fairness and transparency. And we are committed to being inclusive, collaborative and innovative.”
But Hart said the judicial branch “isn’t there yet,” according to Colorado Politics.
Hart has also been accused of discrimination in a lawsuit filed by a black job applicant.
Michele Brown accused the justice and other judges of engaging in racial and age discrimination when they refused to hire her as a rules attorney, the Denver Post reported.
But a federal judge dismissed the case after finding no evidence of discrimination.
Monica Marquez
Judge Márquez is the first Latina and the first openly gay person to serve on the Colorado Supreme Court, his bio says.
She earned her bachelor’s degree from Stanford, and after graduating, she served in the Jesuit Volunteer Corps as a volunteer school teacher and community organizer in Camden, New Jersey, and Philadelphia, Pennsylvania.
Monica Márquez is the first Latina and the first openly gay person to serve on the Colorado Supreme Court. AP
Márquez went on to earn his law degree from Yale, and worked as an assistant attorney general and as an assistant attorney general in both the Public Officers Unit and the Criminal Appellate Section before being appointed to the court in 2010.
She is currently a member of the Bench Dream Team — a group of judges dedicated to diversity and inclusion in the judicial system.
Earlier this year, she received an award for her efforts to foster wellness in the legal profession, Colorado Politics reported.
William W. Hood III
Justice Hood was sworn in as a member of the Supreme Court in January 2014 after working as a litigation partner and prosecutor in the state’s 18th Judicial District.
He graduated from the University of Virginia School of Law and received honors in international relations from Syracuse University.
Hood also teaches several classes on advocacy as an adjunct faculty member at the University of Denver, Sturm College of Law, his bio states.
William W. Hood III was sworn in as a Supreme Court judge in January 2014 after working as a litigation partner and prosecutor in the state’s 18th Judicial District. AP
The 2016 Judicial Office Performance Evaluation Survey from other attorneys “shows[s] that Justice Hood’s performance was strong in the areas of courtesy to lawyers, treating parties equally regardless of race, gender or economic status and allowing parties to present their arguments.
“Many lawyers commented that Justice Hood was intelligent, fair and prepared for oral arguments. The Commission’s observations confirm this,” wrote the Office of the Judicial Performance Commission.
“The Judicial Performance Commission believes, without any doubt, that Justice Hood is an asset to the Court.”
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