Former U.S. President, Donald Trump, is undergoing a trial to determine whether the 14th Amendment’s “insurrectionist ban” applies to him, possibly making him unable to be on Colorado’s presidential ballot in 2024.
The lawsuit was filed in September by six Colorado voters and they claim that Trump is ineligible to hold office for his second term under Section 3 of the 14th Amendment. It states that anyone who is “engaged in insurrection or rebellion” against the Constitution after having taken an oath to support it, is disqualified from holding future office. Many are also claiming he should be disqualified due to the stampede on January 6, 2021.
Colorado District Court’s bench trial is expected to go for at least a week. Trump is anticipated to not be present. Regarding January 6, he disputes any misconduct, and his campaign claims the opponents are “stretching the law beyond recognition.”
It’s the initial domino to come down. “This is the most challenging process we’ve ever seen for a presidential candidate—day-long hearings to determine their eligibility,” said Notre Dame Law School election law expert, Derek Muller, who filed a brief in a related case that addressed important legal issues but refrained from ruling out Trump.
Colorado Secretary of State, Jena Griswold, was sued by the challengers. They seek a court injunction to prevent Griswold from listing Trump’s name on the Republican primary and general election ballots in Colorado. Griswold has also stated that she will follow the judge’s instructions and has not stated whether or not she believes Trump is unqualified.
During his campaign rallies, Trump has made fun of the case. His counsel and attorneys have argued that removing the former president from the ballot would be “un-American” and deny voters the chance to decide whether or not he should run for office again.
Trump made unsuccessful attempts to have the lawsuit removed by saying that it interfered with his free speech rights, that it created a “political question” that only Congress could answer, and that the case misread Colorado’s ballot access regulations.