Donald Trump, the former president of the United States, has been facing legal challenges to his eligibility for the 2024 presidential election in several states. One of the most prominent cases is in Colorado, where a group of citizens sued to remove him from the state’s primary ballot under the 14th Amendment of the U.S. Constitution. The 14th Amendment, which was ratified in 1868 after the Civil War, contains a clause that bars from office anyone who has “engaged in insurrection or rebellion” against the United States, or given aid or comfort to its enemies. The plaintiffs argued that Trump violated this clause by inciting the violent attack on the U.S. Capitol on January 6, 2021, in an attempt to overturn the results of the 2020 presidential election.
The case went to trial in November 2021, and the judge, Sarah Wallace, issued a surprising ruling. She agreed with the plaintiffs that Trump “engaged in an insurrection” on January 6, 2021, and rejected Trump’s defense that he was merely exercising his right to free speech. However, she also ruled that the 14th Amendment’s disqualification clause does not apply to Trump, because it does not explicitly mention the presidency. She said that the clause only covers the offices of senator, representative, elector, civil, and military, and that the omission of the presidency was intentional and significant. She said that if the framers of the amendment wanted to include the president, they would have spelled it out clearly, as they did in other parts of the Constitution. She also said that disqualifying a presidential candidate would have serious implications for the democratic process, and that such a decision should not be made by a single judge, but by the voters or the Congress.
The ruling was appealed to the Colorado Supreme Court, which heard oral arguments on December 6, 2021. The justices appeared divided on the issue, and asked tough questions to both sides. Some justices questioned why the 14th Amendment would exclude the president from the insurrectionist ban, and suggested that such a loophole would be irrational and dangerous. Other justices wondered why the amendment would not explicitly include the president, and suggested that such an inclusion would be important and obvious. The justices also debated the meaning and scope of the term “insurrection”, and whether January 6, 2021, qualified as such. The court did not indicate when it would issue its decision, which is expected to be appealed to the U.S. Supreme Court, regardless of the outcome.
The case of Trump and the Colorado ballot ruling is a fascinating example of constitutional interpretation, and raises several questions about the history, purpose, and application of the 14th Amendment. It also reflects the ongoing political and legal controversy surrounding Trump and his role in the January 6, 2021, events. The case illustrates the challenges and complexities of applying a 19th century constitutional provision to a 21st century situation, and the potential implications for the future of American democracy.