Colorado Judge Rules in Favor of Trump's Inclusion in GOP Primary Ballot

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November 18, 2023

In a pivotal ruling, Denver District Court Judge Sarah B. Wallace has determined that former President Donald Trump will remain on Colorado’s Republican primary ballot. This decision, issued on Friday evening, represents a significant juncture in the ongoing legal tussles surrounding Trump’s eligibility for office.

The lawsuit, initiated by a coalition of six Republican and unaffiliated Colorado voters, was spearheaded by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW). Their argument hinged on Section 3 of the Fourteenth Amendment, often referred to as the “insurrectionist ban.” This clause disqualifies individuals from running for office if they have engaged in “insurrection or rebellion” against the United States. The plaintiffs contended that Trump’s actions related to the events of January 6, 2021, triggered this constitutional ban.

However, in her 102-page opinion, Judge Wallace highlighted the complexities and ambiguities surrounding the interpretation of this constitutional section. She pointed out the “competing interpretations” and the “lack of definitive guidance in the text or historical sources” as key factors in her decision. Wallace expressed reluctance to disqualify a presidential candidate without a “clear, unmistakable indication” that such was the intent of the Amendment.

Reacting to the verdict, Trump spokesperson Steven Cheung lauded the ruling as a victory for electoral integrity, framing the efforts to invoke the 14th Amendment against Trump as attempts at election interference. Cheung emphasized the “Constitutional right” of American voters to choose their candidate, a right he believes was upheld in Colorado.

In contrast, CREW has expressed its intent to appeal the decision to the Colorado Supreme Court. Noah Bookbinder, President of CREW, remarked that the legal battle is not over and that the organization stands by its interpretation of the facts and the law. He noted the historic nature of the case, as it marked the first instance where a presidential candidate was alleged to have engaged in insurrection.

This ruling in Colorado aligns with similar decisions in Michigan and Minnesota, where judges also ruled that Trump could remain on the ballot, dismissing similar lawsuits. These recent legal victories for Trump underscore the ongoing debate and legal scrutiny over his eligibility for future office.

The Colorado GOP primary ballot certification deadline is January 5, setting the stage for a swift appeal process. Colorado, which casts its votes on Super Tuesday (March 5), has become a focal point in a broader national debate over the former president’s political future and the interpretation of constitutional law in the context of candidacy qualifications.

As the political landscape continues to evolve, these legal developments will undoubtedly play a critical role in shaping the 2024 presidential race and the broader discourse around electoral and constitutional norms in the United States.