Colorado judge keeps Trump on 2024 primary ballot as latest 14th Amendment case falters

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10. "the 14th Amendment's ban on insurrectionists holding office does not apply to the president. ." was the Ruling.........

https://www.cnn.com/2023/11/17/politics/trump-colorado-ballot-14th-amendment-insurrection/index.html?Date=20231118&Profile=CNN&utm_content=1700265882&utm_medium=social&utm_source=twitter

..............The 14th Amendment, ratified after the Civil War, says American officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the Constitution doesn’t say how to enforce the ban, and it has only been applied twice since 1919 – which is why many experts view these lawsuits as long shots.

The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say presidents. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency.

“After considering the arguments on both sides, the Court is persuaded that ‘officers of the United States,’ did not include the President of the United States,” Wallace wrote. “It appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.”

Legal scholars believe these cases will, in some form, end up at the US Supreme Court. But before that, the GOP and independent voters who filed the Colorado lawsuit in coordination with a liberal watchdog group, could first file an appeal to the Colorado Supreme Court.


‘Trump engaged in an insurrection’

In her ruling, Wallace concluded that Trump engaged in the January 6 insurrection by inciting his supporters to attack the US Capitol – but that the 14th Amendment’s ban on insurrectionists holding office does not apply to the president. ...............