The legal challenge to block Trump from the 2024 presidential ballot in Colorado citing the 14th Amendment is heading to the state’s supreme court.
The legal theories are based on Section 3 of the US Constitution’s 14th Amendment which states public officials who have “engaged in insurrection or rebellion against” the US may be disqualified from public office.
Trump has not been charged with engaging in insurrection or rebellion against the United States.
Colorado District Judge Sarah Wallace previously ripped Trump’s arguments against the lawsuit.
“If the Party, without any oversight, can choose its preferred candidate, then it could theoretically nominate anyone regardless of their age, citizenship, residency,” she wrote. “Such an interpretation is absurd; the Constitution and its requirements for eligibility are not suggestions, left to the political parties to determine at their sole discretion.”
The Colorado Supreme Court will hear oral arguments on this case on Wednesday at 3 pm ET.
Excerpt from CBS News:
A closely watched legal fight that aims to keep former President Donald Trump off the ballot in Colorado under a rarely invoked provision of the 14th Amendment is set to come under review by the state’s supreme court on Wednesday.
The challenge to Trump’s candidacy in Colorado is just one in a nationwide fight underway in courts across more than a dozen states. Those arguing against Trump say he is disqualified from holding federal office again under Section 3 of the 14th Amendment because of his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol.
The question of Trump’s eligibility is widely expected to land before the U.S. Supreme Court, but it will face a major test when the seven members of Colorado’s Supreme Court consider a bid from voters to keep Trump off the state’s presidential primary ballot. Secretary of State Jena Griswold has until Jan. 5 to certify the candidates for Colorado’s March 5 primary, and Trump is leading the field of candidates vying for the Republican presidential nomination.
The Colorado Supreme Court is holding oral arguments in the case at 3 p.m. ET on Wednesday, or 1 p.m. local time. The proceedings will be streamed live on CBS News in the player above.
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