The Colorado Supreme Court has agreed to hear appeals from a liberal group seeking to disqualify Donald Trump and the former president himself after a state judge ruled that Trump “engaged in insurrection” on Jan. 6, 2021, but can still appear on the state’s ballot. Oral arguments are set for Dec. 6, announced by the court. The appeals were filed Monday night following a ruling by District Court Judge Sarah Wallace on Friday, which said Trump is not covered by the Constitution’s ban on insurrectionists holding office.
The ruling was the latest in a series of defeats for the effort to end Trump’s candidacy with Section 3 of the 14th Amendment. A group in Michigan has filed an appeal with that state’s Supreme Court.
The constitutional provision has only been used a handful of times since the years after the Civil War and was created to prevent former Confederates from returning to government positions. The group Citizens for Responsibility and Ethics in Washington filed on behalf of a group of Republican and unaffiliated Colorado voters, argued that Wallace was wrong in ruling that it’s not clear the provision was intended to apply to presidents.
Trump, meanwhile, appealed Wallace’s finding that he engaged in insurrection and questioned whether a state court judge like her, rather than Congress, should settle the issue.
Colorado officials have urged a final decision by Jan. 5, 2024, when they must finalize their primary ballot. The next step after Colorado’s high court would be the U.S. Supreme Court, which has never ruled on Section 3. Trump has criticized the lawsuits as “election interference” by Democratic “dark money” groups.
