In a series of rulings last Friday, October 20, Colorado District Judge Sarah Wallace rejected multiple motions by former President Donald Trump and the Colorado GOP to dismiss a lawsuit aimed at preventing him from appearing on the state's 2024 presidential ballot. The lawsuit invokes the 14th Amendment's "insurrectionist ban" and is set for an unprecedented trial later this month.
The 14th Amendment, ratified in 1866, is most famous for its clauses on birthright citizenship and equal protection under the law. However, Section 3 of the Amendment disqualifies U.S. officials who have engaged in insurrection from holding future office. This case, filed by the watchdog group Citizens for Responsibility and Ethics in Washington, aims to apply this lesser-known provision to Trump due to his alleged role in the January 6, 2021, Capitol riot.
Judge Wallace dismissed Trump's procedural objections, stating that the question of whether Colorado Secretary of State Jena Griswold has the authority to block Trump from the ballot is best reserved for trial. She also refuted the Colorado GOP's claim that state law gives the party ultimate authority over ballot candidates.
Regarding this issue, Wallace cited Supreme Court Justice Neil Gorsuch's 2012 opinion when he was an appeals court judge in Denver, which said that states have the power to exclude candidates from the ballot “who are constitutionally prohibited from assuming office,” rejecting Trump’s assertion alongside Colorado GOP, that state officials in Colorado do not have the authority to disqualify a candidate on constitutional grounds.
The 14th Amendment's insurrectionist ban could be pivotal in this case. While the Amendment does not specify enforcement mechanisms, it clearly states that anyone who has taken an oath to uphold the Constitution and then engages in insurrection is disqualified from future office:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The lawsuit contends that Trump's actions surrounding the January 6 events could be considered as such, making him ineligible for the presidency.
Trump's campaign criticized Judge Wallace's decisions, stating they are confident the rulings will be overturned. Trump has consistently denied any wrongdoing related to January 6 and has called the lawsuits against him "absurd."
The case faces numerous legal hurdles and will likely be appealed, potentially reaching the U.S. Supreme Court. Legal scholars and the bipartisan House committee investigating the January 6 attack have increasingly supported the notion that Trump could be disqualified under the 14th Amendment.
The lawsuit also revealed plans to depose Trump before the trial, a request he opposes and awaits the judge's ruling.
