New ruling favors former President Trump in re-election bid
CNN reported on November 18 that a judge in the state of Colorado (USA) has just dismissed a lawsuit to prevent former President Donald Trump from running in the primary in this state. Previously, the lawsuit claimed that because of his involvement in the January 6, 2021 uprising, if he were elected and held the presidency, it would be unconstitutional.
Judge Sarah Wallace’s ruling came after judges in Minnesota and Michigan dismissed similar lawsuits. The three lawsuits, which attracted funding from a variety of groups, have so far failed to block Mr. Trump from running in the primary.
Although Ms. Wallace determined that "Mr. Trump participated in an insurrection on January 6, 2021 through incitement," she also argued that the "insurrection ban" under the 14th Amendment does not apply to presidents.
Section 3 of the Fourteenth Amendment, ratified in 1868, reads: "Whoever, as a member of Congress , or an officer of the United States, or of any State legislature, or of any executive or judicial officer of any State, shall have taken an oath to support the Constitution of the United States, and shall have engaged in insurrection or rebellion against the same" is barred from holding public office.
The clause explicitly bars insurgents from serving as senators, representatives, and even electors, but it does not mention the presidency. Nor does it mention the office of president.
“After reviewing the arguments of both parties, the court is persuaded that ‘officers of the United States’ do not include the President of the United States. The court finds that for whatever reason, the drafters of Section 3 did not intend to include the person who administered the presidential oath,” Wallace said.
Legal experts say the cases will likely go all the way to the U.S. Supreme Court. But before that, the voters and a watchdog group that filed the lawsuit in Colorado could appeal to the Colorado Supreme Court.
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