A Colorado judge has rejected an attempt by former President Donald Trump to dismiss a lawsuit that seeks to keep him off the state ballot, ruling that his objections on free-speech grounds did not apply.
Trump’s attorneys argued that a Colorado law protecting people from being sued over exercising their free speech rights shielded him from the lawsuit, but Colorado District Judge Sarah Wallace said that law doesn’t apply in this case.
Citizens for Responsibility and Ethics in Washington claims in its lawsuit that putting Trump on the ballot in Colorado would violate a provision of the 14th Amendment that bars people who have “engaged in insurrection” against the Constitution from holding office. The Colorado case is one of several involving Trump that stand to test the Civil War-era constitutional amendment, which has never been ruled on by the U.S. Supreme Court. Along with lawsuits filed in Minnesota and Michigan, it has a good chance of reaching the nation’s high court.
The Colorado case will focus in part on the meaning of “insurrection” under the 14th Amendment, whether it applies only to waging war on the U.S. or can apply to Trump’s goading of a mob that attacked the U.S. Capitol on Jan. 6, 2021, to halt the certification of President Joe Biden’s win.
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