Colorado Trial Debating Trump’s Eligibility for Office Begins Today

Today, one of the most important trials in American history begins in Colorado to determine whether Donald Trump is Constitutionally ineligible to hold public office.

The lawsuit was filed by six Colorado voters and Citizens for Responsible Ethics in Washington (CREW), an anti-corruption watchdog group.

In it, they argue that Trump violated Section 3 of the 14th Amendment in his efforts to overturn the 2020 presidential election, culminating in his involvement with the insurrection on January 6th, 2021.

The 14th Amendment was one of many ratified in the aftermath of the Civil War. Section 3 disqualifies anyone who’d ever sworn an oath to the Constitution from ever again holding office if they participated in a rebellion or insurrection against the United States—or gave “aid and comfort” to those who do.

A range of prominent Constitutional scholars—including liberals like Laurence Tribe and conservatives like J. Michael Luttig, William Baude, and Michael Stokes Paulsen—all concur that Trump’s conduct merits such disqualification.

Sarah B. Wallace, the presiding judge, has rejected numerous attempts by Trump and Colorado Republicans to dismiss the case without trial. Judge Wallace has also identified nine topics which must be addressed at the trial, including:

• Is Section 3 of the Fourteenth Amendment self-executing?

• Does Section 3 of the Fourteenth Amendment apply to Presidents?

• The meaning of “engaged” and “insurrection” as used in Section 3 of the Fourteenth Amendment.

• Did Trump’s actions meet the standard set forth in Section 3 of the Fourteenth Amendment?

Other states have also taken up lawsuits pertaining to Trump’s constitutional eligibility, including Minnesota, Michigan, and New Hampshire.

Ultimately, the question will almost certainly be answered by the United States Supreme Court, currently dominated by a 6-3 conservative supermajority.