Lawsuit Aims to Exclude Trump from Colorado Primary, Citing Insurrection Clause in Constitution

Lawsuit Filed to Prevent Trump from Running for President in Colorado

A liberal group called Citizens for Responsibility and Ethics in Washington (CREW) has filed a lawsuit in Colorado, seeking to bar former President Donald Trump from the primary ballot. The group argues that Trump is ineligible to run for the White House again under a rarely used clause in the U.S. Constitution that targets candidates who have supported an “insurrection.” The lawsuit, citing the 14th Amendment, is expected to be the first step in a legal challenge that may ultimately reach the U.S. Supreme Court.

The complaint was filed on behalf of six Republican and unaffiliated Colorado voters, and it is likely to shake up the already unsettled 2024 primary campaign. The leading Republican candidate is currently facing four separate criminal cases. Liberal groups have been demanding that states’ top election officials bar Trump under the clause that prohibits those who “engaged in an insurrection or rebellion” against the Constitution from holding higher office. However, no state has taken that step yet, as they await guidance from the courts on how to interpret this rarely used clause.

While a few fringe figures have previously filed lawsuits in a few states invoking the clause, the litigation brought forth by CREW is the first by an organization with significant legal resources. This lawsuit may lead to similar challenges in other states, potentially resulting in conflicting rulings that would require the Supreme Court to intervene and provide a final decision.

Colorado’s secretary of state, Democrat Jena Griswold, expressed hope that this case would provide guidance to election officials regarding Trump’s eligibility as a candidate for office. The lawsuit argues that Trump’s attempt to overturn his 2020 election loss to Democrat Joe Biden, as well as his support for the assault on the U.S. Capitol on January 6, 2021, make his ineligibility clear. However, Trump himself has maintained that he did nothing wrong.

The 14th Amendment, ratified in 1868, was initially implemented to ensure civil rights for freed slaves and eventually expanded to protect the rights of all people in the United States. The clause cited in the lawsuit allows Congress to lift the ban, although it has been rarely utilized since 1872. CREW and law professors from both parties argue that the amendment qualifies as a requirement for the presidency, similar to the Constitution’s mandates regarding age and citizenship. However, there is ongoing debate among experts about whether Trump’s actions constitute an “insurrection” under the language of the amendment.

CREW has requested the court to expedite the matter to ensure a resolution before Colorado’s primary ballot is set on January 5, 2024. The group anticipates filing more cases in other states, and they expect other organizations to do the same. Colorado was chosen for this lawsuit because the state allows ballot challenges to go directly to court, and CREW was able to assemble a prominent roster of plaintiffs, including a former Republican leader and a conservative columnist.

As this legal battle unfolds, it is essential to note that Georgia’s secretary of state, Republican Brad Raffensperger, expressed concerns about using the 14th Amendment in this manner, warning that it could undermine public trust in the electoral system. The amendment has been previously used to bar individuals from office, such as a New Mexico county commissioner who entered the U.S. Capitol on January 6, 2021. However, previous attempts to use the provision against Republican Representatives Marjorie Taylor Greene and Madison Cawthorn were unsuccessful.

The outcome of this lawsuit in Colorado may have far-reaching implications for Trump’s potential candidacy in the 2024 presidential election.

Original Story at apnews.com – 2023-09-07 09:24:00