Denver District Court Trump Disqualification Challenge Dismissed

On Nov. 17, Colorado 2nd Judicial District Court Judge Sarah B. Wallace  ruled that Secretary of State Jena Griswold cannot remove former President Donald J. Trump from the Republican primary ballot in Colorado, rejecting the argument that Section 3 of the 14th Amendment precludes Trump from holding office again. Judge Wallace determined that while Trump “engaged in... insurrection,” remaining questions about the interpretation of Section 3 of the 14th Amendment inhibited her from disqualifying Trump. 

Judge Wallace wrote it was unclear whether someone who had only taken the presidential oath could be disqualified under Section 3. The debate hinges on whether the president is an “officer of the United States.” Judge Wallace noted in a footnote that the matter was “not for this court to decide.”

You can read the ruling here or below. Find Lawfare’s Trump Section 3 challenges tracker here.