Arguments on Removing Trump from Ballot under Insurrection Clause to be Heard by Colorado Supreme Court

Could President Donald Trump be Removed from the Ballot?

Challenging the Constitution’s Insurrection Clause

The Colorado Supreme Court is currently deliberating whether President Donald Trump can be excluded from the ballot in the upcoming election. The case argues that the Constitution’s insurrection clause prohibits him from running for a second term. The court is examining the wording of the Civil War-era clause, the court’s authority to intervene, and whether Trump incited an insurrection during the U.S. Capitol attack on January 6, 2021.

The Ambiguity of the 14th Amendment

One of the main points of contention is the language used in Section 3 of the 14th Amendment. The clause mentions those who have “engaged in insurrection or rebellion,” specifically referring to the U.S. House and Senate but not explicitly addressing the President. Justice Carlos A. Samour Jr. raised the question of why the President wasn’t explicitly included and emphasized the need for clarity in the Constitution.

The Legal Arguments

The petitioners’ attorney, Jason Murray, argues that the insurrection clause applies to all offices, including the presidency. He cites a law dictionary from that era and exchanges between lawmakers during the amendment’s debate to support his claims. The District Court Judge Sarah B. Wallace, who previously ruled on the case, found that Trump did engage in insurrection but determined that Section 3 of the 14th Amendment does not apply to the office of the President, allowing him to remain on the ballot.

Implications and Significance

This case is one of many filed across the country seeking to prevent Trump from running for president again. While previous cases have failed, legal experts view the Colorado case as one of the most significant. The judge’s ruling acknowledged Trump’s actions and their alignment with the definition of insurrection but expressed reluctance in disqualifying a presidential candidate without clear intent from Section 3 of the 14th Amendment. The outcome of this case could set a precedent for future interpretations of the insurrection clause.

Appeals and Potential Chaos

Both sides have appealed the ruling, and the Colorado Supreme Court’s decision is likely to be appealed to the U.S. Supreme Court. The question has also been raised whether this issue should be resolved by Congress rather than individual states. The concern of a potential patchwork of decisions across different states has been dismissed by the plaintiffs’ attorney, Eric Olson.

The Larger Picture

These lawsuits aimed at disqualifying Trump from running for president again argue that his actions on January 6th clearly disqualify him under the insurrection clause. Trump has criticized the lawsuits, calling them “anti-democratic” and an attempt to silence voters. He has also sought to link the lawsuits to President Biden, claiming that the liberal groups behind them are funded by Democratic donors who support Biden’s reelection.

For more information on Trump cases, visit: Tracking the criminal and civil cases against Donald Trump

Read More of this Story at – 2023-12-06 19:43:00

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