The move based on the 14th Amendment to remove ex-President Donald Trump from the voting ballot list next November has been turned down in most other state by state secretaries…
But a judge in Colorado has repeatily NOT done so …..
One of the reasons?
‘A 2012 opinion from Supreme Court Justice Neil Gorsuch, when he was a Denver-based appeals judge, which said states have the power to “exclude from the ballot candidates who are constitutionally prohibited from assuming office.”’
The judge is pushing for a trial on the question….
A judge has rejected three more attempts by former President Donald Trump and the Colorado GOP to shut down a lawsuit seeking to block him from the 2024 presidential ballot in the state based on the 14th Amendment’s “insurrectionist ban.”
The flurry of rulings late Friday from Colorado District Judge Sarah Wallace are a blow to Trump, who faces candidacy challenges in multiple states stemming from his role in the January 6, 2021, insurrection. He still has a pending motion to throw out the Colorado lawsuit, but the case now appears on track for an unprecedented trial this month.
A post-Civil War provision of the 14th Amendment says US officials who take an oath to uphold the Constitution are disqualified from future office if they “engaged in insurrection” or have “given aid or comfort” to insurrectionists. But the Constitution does not spell out how to enforce the ban, and it has been applied only twice since the 1800s….
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The 14th Amendment challenges in Colorado and other key states face an uphill climb, with many legal hurdles to clear before Trump would be disqualified from running for the presidency. Trump is sure to appeal any decision to strip him from the ballot, which means the Supreme Court and its conservative supermajority might get the final say.
In recent months, a growing and politically diverse array of legal scholars have thrown their support behind the idea that Trump is disqualified under the “insurrectionist ban.” The bipartisan House committee that investigated the January 6 attack recommended last year that Trump be barred from holding future office under the 14th Amendment….