Both sides in the Colorado Trump case have now appealed
In a new development in the ongoing legal battle surrounding former President Donald Trump's candidacy in Colorado, both sides have now appealed a judge's ruling that Trump "engaged in insurrection" on Jan. 6, 2021.
The appeals were filed with the Colorado Supreme Court on Monday night, leaving the decision in the hands of the state's highest court.
The ruling by District Court Judge Sarah Wallace last Friday was a major blow to the liberal group Citizens for Responsibility and Ethics in Washington, who have been relentlessly pursuing the disqualification of Trump from the state's ballot. However, their argument that Trump falls under Section 3 of the 14th Amendment, which bans insurrectionists from holding office, was rejected by Wallace.
Section 3, introduced after the Civil War to prevent former Confederates from returning to government positions, has only been used sparingly in the history of the United States. It specifically states that anyone who took an oath to support the Constitution and later engaged in rebellion or insurrection is ineligible to hold public office.
The appeal filed by the liberal group argues that Wallace's ruling was incorrect, as it fails to consider the intent of the provision and whether it includes presidents. As the highest position in the country, it would be illogical to bar insurrectionists from holding all federal or state offices except for the presidency.
Meanwhile, Trump's own appeal questions the authority of a state court judge, like Wallace, to make this decision instead of the U.S. Congress. He also questions the timing of the decision, as Colorado officials have set a deadline of Jan. 5, 2024, to finalize their primary ballot.
The state's high court, which is made up entirely of justices appointed by Democrats, will now review the case. If they do not reach a decision by the deadline, it could go to the U.S. Supreme Court, which has never ruled on Section 3 before.
READ MORE:
COLORADO JUDGE KEEPS TRUMP ON BALLOT, REJECTING 14TH AMENDMENT ARGUMENT
HISTORIC EFFORT TO KEEP TRUMP OFF THE BALLOT BEGINS IN DENVER
Trump has been vocal in his criticism of these legal challenges, calling them "election interference" by Democrat-backed "dark money" groups. He maintains that these lawsuits are politically motivated attempts to prevent him from running for office again.
As the battle over Trump's candidacy rages on, it begs the question - who should have the final say on whether he is allowed to run for office? Should it be a state court judge appointed by Democrats, or the U.S. Congress, or the voters?