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Colorado’s Highest Court to Review Trump’s 14th Amendment Case

The Colorado Supreme Court has decided to review the case concerning former President Trump’s eligibility for the 2024 ballot under the 14th Amendment. This follows a lower court’s ruling that, while Trump may have incited the Jan. 6 Capitol riot, the constitutional clause barring individuals from holding office after engaging in insurrection does not apply to the presidency.

Both Trump and the group of citizens aiming to disqualify him from the ballot have filed appeals. Trump’s appeal acknowledges the part of the lower court’s decision that allows him to remain on the ballot but challenges other aspects of the ruling.

Trump’s legal team contends that the district court’s findings were unsupported by law and require further examination, particularly as the opposing petitioners also seek a review of the key issue that favored Trump.

The lawsuit, initiated by the left-leaning group Citizens for Responsibility and Ethics in Washington (CREW) on behalf of four Republican and two independent Colorado voters, argues that the 14th Amendment should apply to the presidency. The Amendment prohibits individuals from holding “any office … under the United States” if they have engaged in insurrection after swearing an oath to support the Constitution.

Colorado District Judge Sarah Wallace, in her decision, interpreted that the presidency does not fall under the category of “office … under the United States,” as the 14th Amendment explicitly lists all federal elected positions, excluding the presidency and vice presidency. Additionally, Judge Wallace determined that Trump was not an “officer of the United States,” citing constitutional distinctions between the presidency and federal officers.