“Trump Will Be Kept off the Ballot if the Supreme Court Rules That the President Is an Officer”: Colorado Supreme Court Schedules New 14th Amendment Hearing

Michelle HollandNov 30, 2023

Minute Read

The Colorado Supreme Court has scheduled an oral argument to consider appeals over whether Trump should be excluded from the state’s 2024 GOP primary ballot. The discussion will take place on December 6.

The Colorado Case

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Earlier this year, six Colorado voters filed a lawsuit, arguing that a Civil War-era insurrection clause in the 14th Amendment makes Trump ineligible to take office. Trump instigated the insurrection at the Capitol on January 6 and will be going to trial next year over his involvement in the events and attempts to overturn the 2020 presidential election results.

The 14th Amendment

Section 3 of the 14th Amendment partially reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, […] as an officer of the United States […] to support the Constitution of the United States, shall have engaged in insurrection.”

Appealing the Ruling

After a Denver District Court ruled that Trump should not be disqualified and should be allowed on the ballot in March, the plaintiffs appealed the decision, disagreeing with Judge Sarah B. Wallace’s stance that Trump had “engaged in insurrection” but that the amendment clause does not apply to the presidency.

The Oral Argument

The argument will begin in the Supreme Court courtroom and 1 pm on December 6, and each side will be allotted an hour to present its case on whether Trump should be allowed on the ballot. Trump’s legal team are also hoping to overrule parts of Wallace’s decision.

Challenges From Both Sides

Trump’s attorneys are hoping that the Supreme Court will reverse Wallace’s judgment that the former president partook in insurrection, whereas the plaintiffs are angling for the court to conclude that Section 3 of the 14th Amendment does apply to presidential office.

The 2024 Election

Donald Trump is currently the frontrunner to be the GOP nominee in the 2024 presidential election, where he will almost certainly face off against incumbent Democratic president, Joe Biden.

Trump’s Legal Battles

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Despite this, Trump has been plagued with legal battles since he left office in 2021, and is currently involved in four cases of a criminal nature. Republicans have expressed concerns that these will impact his chances next year, but currently the GOP hopeful is beating Biden in polls.

A Positive Sign

Many online forum users believed Trump would be disqualified following the Supreme Court appeal, with one person explaining that the hard part — defining insurrection — was already settled with Wallace’s findings.

Likely to Succeed

One commenter explained: “Trump will be kept off the ballot (pending further appeals) if the CO Supreme Court simply rules that the President is an Officer of the US. This is a much easier legal case than defining insurrection, so much more likely to succeed.”

A Ridiculous Ruling

Several people criticized Wallace’s full ruling in favor of Trump, with one poster explaining: “If you look at the 14th Amendment, they don’t specifically mention POTUS. But at the same time, they obviously went to great lengths to include every elected, appointed, or otherwise anyone in the government. The idea that POTUS is somehow an exception is so silly this judge needs to retire.”

Potential Ramifications

Another person suggested: “I don’t think the judge actually believes that POTUS isn’t included as an office. I think they just didn’t want to be the one to take him off the ballot because that is a hugely divisive move and nobody wants to be the one to do it because the ramifications could be monumental.”

Intimidation vs Corruption

Of Wallace’s ruling, one poster proclaimed: “She was too intimidated/corrupt to strike him from the ballot. So she also ruled that POTUS/Commander in Chief does not “hold an office” and is therefore exempt from the 14th amendment,” adding, “the latter part is total hogwash. Any honest court would overturn.”

Sympathy for Wallace

Others had sympathy for the situation Wallace was in. “I can empathize. All of us think it’s so easy for one person to make a monumental decision that will probably change the course of history,” one contributor wrote. Several other states are also trying to have Trump removed from the ballot, but none have been successful yet.

Safety Concerns

The person continued, “Deny him the ballot and you’ll have some seriously scary people hunting you down, sending death threats, etc.” Another concurred: “That judge was purely scared to death of making the common sense decision here. She did the safe thing for herself.”

An Official Insurrectionist

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Many people, however, celebrated the significance of Wallace acknowledging Trump as an official insurrectionist and condemned the U.S. system for allowing him to still run. “He’s not fit to run for president,” one commenter claimed, whereas another added that “he was unqualified and illegitimate in 2016.”

Accusations of Treachery

Generally, people thought that Wallace’s ruling was not strong enough. One individual declared: “He is a traitor and should be treated as one,” whereas another asked, “I don’t understand how the traitor can still run for office?”

An Obvious Conclusion

While many people debated whether Trump could now legally be called an insurrectionist, others felt that a criminal trial was not necessary to come to that conclusion. “We didn’t need a judge to “find” that he was an insurrectionist. The entire world watched it happen in real time on J6,” one user proclaimed.