Washington — A closely watched legal fight that aims to keep former President Donald Trump off the ballot in Colorado under a rarely invoked provision of the 14th Amendment is set to come under review by the state’s supreme court on Wednesday.
The challenge to Trump’s candidacy in Colorado is just one in a nationwide fight underway in courts across more than a dozen states. Those arguing against Trump say he is disqualified from holding federal office again under Section 3 of the 14th Amendment because of his conduct surrounding the Jan. 6, 2021, attack on the U.S. Capitol.
The provision says those who engaged in insurrection against the Constitution after swearing an oath to support it cannot hold federal or state office. While enacted after the Civil War and designed to exclude former Confederate civil and military officials from future office, the so-called disqualification clause has now been invoked to target Trump’s candidacy.
The question of Trump’s eligibility is widely expected to land before the U.S. Supreme Court, but it will face a major test when the seven members of Colorado’s Supreme Court consider a bid from voters to keep Trump off the state’s presidential primary ballot. Secretary of State Jena Griswold has until Jan. 5 to certify the candidates for Colorado’s March 5 primary, and Trump is leading the field of candidates vying for the Republican presidential nomination.
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