Trump’s 2024 Bid Thwarted by Colorado Lawsuit
Former President Donald Trump’s hopes of running for the White House again in 2024 have hit a major roadblock in Colorado, where a group of voters has filed a lawsuit to keep him off the state’s primary ballot. The lawsuit, backed by a liberal watchdog group, argues that Trump is disqualified from holding office under a Civil War-era constitutional amendment that bans anyone who “engaged in insurrection” against the United States.
The lawsuit cites Trump’s role in inciting the violent mob that stormed the Capitol on January 6, 2021, in an attempt to overturn the results of the 2020 presidential election. The plaintiffs claim that Trump’s actions violated his oath to uphold the Constitution and amounted to an act of rebellion against the nation. They also point to Trump’s repeated and baseless claims of election fraud, his pressure on state officials to change the vote count, and his refusal to concede or cooperate with the peaceful transfer of power.
The lawsuit is the first of its kind to be filed by a group with significant legal resources and expertise. It is based on Section 3 of the 14th Amendment, which was ratified in 1868 to prevent former Confederate officials from regaining power after the Civil War. The amendment states that “no person shall hold any office under the United States” who, having previously sworn an oath to support the Constitution, “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
The amendment has rarely been invoked or interpreted by the courts, and its applicability to Trump is a matter of debate among legal scholars. Some argue that the amendment only applies to those who participated in armed conflict against the United States, while others contend that it covers any form of resistance or subversion of the constitutional order. The amendment also does not specify who has the authority to enforce it or how to determine whether someone has engaged in insurrection.
The lawsuit seeks a declaratory judgment from a Colorado district judge that Trump is ineligible to run for president again and an injunction to prevent the Colorado secretary of state from placing his name on the state’s primary ballot. Lawsuit also asks the judge to order the Republican National Committee to exclude Trump from the nomination process and to prohibit him from receiving any campaign funds or resources from the party.
The lawsuit faces several legal and practical hurdles, however, the defendants who include Trump, the Colorado secretary of state, and the Republican National Committee, are likely to challenge the lawsuit on various grounds, such as standing, jurisdiction, mootness, and political question. The lawsuit may also be dismissed or appealed before it reaches a final resolution. Moreover, even if the lawsuit succeeds in Colorado, it may not have much impact on Trump’s 2024 prospects, as he could still run in other states or as an independent candidate.
The lawsuit is part of a broader effort by several groups and individuals across the country to use the 14th Amendment to disqualify Trump from the 2024 election. Similar lawsuits have been filed or planned in New Hampshire, Minnesota, Michigan, and other states, but none have been successful so far. The issue is expected to reach the U.S. Supreme Court, which has never ruled on the meaning or scope of the insurrection clause of the 14th Amendment.
