Historic Effort to Keep Trump Off the Ballot Begins in Denver

As the trial to determine whether the 14th Amendment’s “insurrectionist ban” applies to former President Donald Trump approaches, questions and speculation continue to loom over the outcome.

On Monday, a group of Republican and unaffiliated Colorado voters, backed by the liberal watchdog group Citizens for Responsibility and Ethics in Washington (CREW), will present their case in a Colorado District Court. They argue that Trump's involvement in the January 6th insurrection disqualifies him from holding future office, including the presidency. Their goal is to remove his name from the Colorado GOP primary ballot and the general election ballot in 2024.

Despite several motions by both Trump and the Colorado GOP to dismiss the case, the lawsuit has persisted, setting the stage for a historic legal battle. But is it really a viable challenge, or just a Hail Mary attempt by desperate opponents of the former president?

According to election law expert Derek Muller of Notre Dame Law School, "It's not a frivolous lawsuit, but it's not a slam dunk." And he's right.

While the 14th Amendment does state that officials who have "engaged in insurrection" are disqualified from holding future office, it does not specify how this should be enforced or applied. In fact, the amendment has only been used twice since its ratification in the 1800s, both times against former Confederates.

This raises important questions, such as the definition of "insurrection" and whether the ban should apply to a sitting US president.

Nevertheless, the challengers are determined to make their case, with Colorado Judge Sarah Wallace presiding over the trial and considering key questions, including the definition of "engaged" and "insurrection," and whether the ban is self-executing or requires congressional action.

Meanwhile, Trump and his team have not taken this challenge lightly. His campaign has dismissed the lawsuit as a "political stunt" and argued that it would be "un-American" to block voters from deciding whether he should return to the White House. Despite his ongoing legal battles related to the January 6th riot and his attempts to overturn the 2020 election, Trump's lawyers maintain that he did not incite violence and that Colorado law does not provide a basis for disqualifying a presidential candidate under the 14th Amendment.

But what is the timeline for this trial, and why is it happening now?

CREW filed the lawsuit back in September, specifically requesting an expedited process to have a resolution before Colorado's GOP primary on March 5th, known as Super Tuesday. Judge Wallace hopes to issue a ruling by Thanksgiving to allow for appeals courts to weigh in before the January 5th deadline for ballot certification.

While this case may seem like a standalone event, it is actually part of a larger effort by groups to remove Trump from the ballot in several battleground states. And while these groups may have a liberal-leaning agenda, it is worth noting that many of the plaintiffs are actually Republicans, including Norma Anderson, a former Republican state legislator who is leading the charge in Colorado.

As the legal battle continues, constitutional scholars have endorsed the challengers' theory and a growing number of conservative jurists and legal experts have joined their ranks. Yet, there are still serious questions about how the ban would be enforced and implemented, with many predicting that the Supreme Court, with its conservative majority, will ultimately have the final say.

In fact, the 14th Amendment has never been applied to a presidential candidate before, and it would be unprecedented to do so, especially considering Trump's position as the clear front-runner for the GOP nomination in 2024.

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The only other known case of the 14th Amendment being successfully used to remove an official from office was when a New Mexico County commissioner, who was also involved in the January 6th riot, was removed from his position through a different legal mechanism, also thanks to a lawsuit brought by CREW.

All eyes will be on Colorado District Court this Monday, October 30th, as the trial begins and the legal battle over Trump's potential disqualification from the 2024 presidential ballot heats up. With Judge Wallace presiding and a diverse set of plaintiffs and experts involved, this will undoubtedly be a historic and closely watched case with significant implications for the future of US politics.

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