A group trying to remove President Trump from Colorado’s primary ballot has appealed a judge’s ruling to the state’s Supreme Court, Fox News reports.
In the prior ruling, the Colorado judge determined that Section Three of the Fourteenth Amendment does not apply to Trump.
From 100 Percent Fed Up:
A Colorado judge ruled on Friday Donald Trump is eligible to appear on the state’s primary ballot.
“The lawsuit, brought by a left-leaning group on behalf of a group of Republican and independent Colorado voters, contended that Trump’s actions related to the attack ran afoul of a clause in the 14th Amendment that prevents anyone from holding office who ‘engaged in insurrection or rebellion’ against the Constitution,” the Associated Press reports.
“The Court holds that Section Three of the Fourteenth Amendment does not apply to Trump,” the ruling stated.
“The lawsuit in Colorado that was filed by the SOROS funded group @CREWcrew to remove President Trump from the ballot in Colorado was just defeated! Trump will be on the 2024 ballot in Colorado!” investigative reporter Laura Loomer wrote.
TRUMP VICTORY IN COLORADO!
The lawsuit in Colorado that was filed by the SOROS funded group @CREWcrew to remove President Trump from the ballot in Colorado was just defeated!
Trump will be on the 2024 ballot in Colorado!
— Laura Loomer (@LauraLoomer) November 18, 2023
Fox News reports:
The appeal challenges Colorado 2nd Judicial District Court Judge Sarah Wallace’s 100-plus page ruling Friday, which found Trump engaged in an “insurrection” by inciting the Capitol riot on Jan. 6, 2021, but that the 14th Amendment’s “insurrectionist ban” does not apply to Trump since the presidency is not an “office.”
The Citizens for Responsibility and Ethics in Washington (CREW) and six Colorado voters filed the lawsuit in September, calling on Trump to be removed from the ballot under Section 3 of the 14th Amendment, known as the disqualification clause.
The clause states that no person shall hold any office if they have “previously taken an oath as a member of Congress, or as an officer of the United States” or if they have “engaged in insurrection or rebellion against the United States.”
Wallace dismissed the lawsuit, ruling that the 14th Amendment does not apply to the presidency, and ordered the secretary of state to put Trump on the primary ballot.
The decision came after a Michigan judge ruled Wednesday in a similar lawsuit that Trump would also remain on that state’s primary ballot, which followed the Minnesota Supreme Court and a federal judge in New Hampshire previously dismissing other challenges.
“The only question left to be decided is whether the oath Trump took as president-elect subjects him to the 14th Amendment’s disqualification clause. We’ve appealed to the Colorado Supreme Court to ask them to decide exactly that,” CREW said.
The only question left to be decided is whether the oath Trump took as president-elect subjects him to the 14th Amendment’s disqualification clause.
We've appealed to the Colorado Supreme Court to ask them to decide exactly that. https://t.co/mtUFAj2GhC
— Citizens for Ethics (@CREWcrew) November 22, 2023
The six Republican and unaffiliated Colorado voters who challenged Donald Trump’s eligibility to be on the ballot following his actions on January 6th last night filed an appeal with the Colorado Supreme Court challenging the judge’s rulings that the president is not an “officer of the United States” and that the president’s oath to “preserve, protect, and defend the Constitution” is not an oath to “support” the Constitution as required by Section 3 of the 14th Amendment.Advertisement
Not only did the district court rule in favor of the petitioners on every factual issue necessary to disqualify Trump from the ballot–including the historic ruling that he engaged in insurrection against the Constitution as president, it also found for the petitioners on every legal issue necessary to remove Trump save for the one. The six voters are represented by Citizens for Responsibility and Ethics in Washington and the firms Tierney Lawrence Stiles LLC, KBN Law, LLC and Olson Grimsley Kawanabe Hinchcliff & Murray LLC.
“We always knew this case would end up before the Colorado Supreme Court, and have been preparing for that from the beginning,” CREW President Noah Bookbinder said. “We are planning to build on the trial judge’s incredibly important ruling that Donald Trump engaged in insurrection, and we are ready to take this case as far as necessary to ensure that Donald Trump is removed from the ballot.”