Title: Lawsuit Seeks to Block Donald Trump from 2024 Republican Primary Ballot in Colorado
Subtitle: Advocacy Group Cites 14th Amendment in Effort to Disqualify Trump from Holding Public Office
Date: August 24, 2023
Former President Donald Trump faces a new legal challenge as a Washington-based advocacy group, Citizens for Responsibility and Ethics in Washington (CREW), files a lawsuit to prevent him from appearing on the 2024 Republican primary ballot in Colorado. The lawsuit argues that Trump’s alleged involvement in the January 6, 2021, Capitol insurrection disqualifies him from holding public office under the 14th Amendment.
The move comes as a growing number of legal scholars, both liberal and conservative, have started considering the possibility of using the 14th Amendment as a means to block Trump’s presidential campaign. However, this lawsuit represents the first high-profile case attempting to do so.
Trump has denied any wrongdoing related to the Capitol attack and recently stated on social media that there is “no legal basis” to use the 14th Amendment against him. The 14th Amendment states that any official who engages in insurrection or rebellion or provides assistance to insurrectionists is disqualified from holding future office.
Nevertheless, the Constitution does not provide clear guidelines on how to enforce this ban, and it has only been applied twice since the late 1800s. The lawsuit filed by CREW represents six Colorado voters, including former US Representative Claudine Schneider and former Colorado Senate Majority Leader Norma Anderson, who are seeking to disqualify Trump from the primary ballot.
Noah Bookbinder, president of CREW, explained that Colorado was chosen as the first stop for the lawsuit due to its early position in the primaries, its laws, and the courage of the plaintiffs involved. Bookbinder added that this is just the beginning, hinting that similar cases may arise in the future.
CREW has achieved success in a similar endeavor in the past when a convicted January 6 rioter who held public office in New Mexico was removed from office based on the 14th Amendment’s disqualification clause. In this case, CREW has filed the lawsuit against Colorado Secretary of State Jena Griswold, seeking a court order to declare Trump ineligible under the 14th Amendment and block his access to the ballot.
Griswold expressed her hope that the lawsuit will provide clarity and guidance regarding constitutional requirements for presidential candidates. She acknowledged that Colorado state law is currently unclear on how to review such eligibility issues.
The lawsuit comes at a crucial point in the timeline, with the GOP primary in Colorado scheduled for March 5, 2024, and Trump’s federal criminal trial on charges relating to his attempts to overturn the 2020 election set to begin on March 4, 2024. Trump, who has pleaded not guilty, currently holds a commanding lead in the GOP primary race, according to recent polling.
Legal scholars remain divided on how the 14th Amendment could be applied in Trump’s case, as well as who would enforce the ban, whether it be election officials, Congress, or the court system. Many expect that the Supreme Court will eventually provide some form of ruling on the matter.
As this legal battle unfolds, it remains to be seen how it will affect Trump’s political ambitions and future prospects within the Republican Party.
[Additional information: The story has been updated to include more details.]