this post was submitted on 22 Oct 2023
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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.
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.
She said the key question of whether Colorado Secretary of State Jena Griswold has the power to block Trump from the ballot based on the 14th Amendment “is a pivotal issue and one best reserved for trial.”
Wallace also cited 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.” She cited this while rejecting Trump’s claim that Colorado’s ballot access laws don’t give state officials any authority to disqualify him based on federal constitutional considerations.
The current GOP front-runner, Trump denies wrongdoing regarding January 6 and has pleaded not guilty to state and federal charges stemming from his attempts to overturn the 2020 election.
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