Colorado Supreme Court Hearing Appeals in Former President Trump Ballot Case

Courtesy of Creative Commons

By Molly Dougherty

The Colorado Supreme Court will hear appeals after a judge ruled earlier this month to keep former President Trump on the state’s ballot for the 2024 Presidential election. 

In September, six Colorado voters filed a lawsuit to remove the former President from the ballot following his role in the January 6 insurrection. They cited the third section of the 14th amendment of the Constitution, which prohibits a person who has “engaged in insurrection or rebellion” after taking the Oath of Office from running in future elections. Similar cases based on the same grounds have been heard and dismissed in Michigan and Minnesota.

Earlier this month, Colorado District Court Judge Sarah B. Wallace dismissed the effort. Her ruling stated President Trump did engage in an insurrection, but did not violate Section 3 because “President” is not included in the list of federally elected positions in the clause. 

Wallace said, “While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to ‘support’ the Constitution whereas the Presidential oath is to ‘preserve, protect and defend’ the Constitution.”

President Trump’s campaign has spoken out against Judge Wallace’s “criticism” of the President. They want to appeal her statement saying the former President “engaged in insurrection.” Voters want to appeal Wallace’s decision to keep Trump on the ballot. Oral arguments are scheduled to take place in Denver on December 6.