A judge rejected former President Donald Trump’s attempt to have a lawsuit dismissed, which seeks to prevent his inclusion on Colorado’s 2024 Republican primary ballot. The decision was made on October 12 by Second Judicial District Judge Sarah Wallace.
She issued a 22-page opinion, paving the way for a trial scheduled for the end of October. The lawsuit was initiated by Citizens for Responsibility and Ethics in Washington (CREW), a liberal watchdog group, representing a coalition of Republican and unaffiliated Colorado voters.
The plaintiffs, who filed the lawsuit in September, argue that Trump is ineligible to serve as president under Section 3 of the 14th Amendment, which bars individuals who have engaged in insurrection, rebellion, or provided aid to the Constitution’s enemies from holding office while under oath.
They point to Trump’s alleged actions related to contesting the 2020 election results and his involvement in the events of January 6, 2021, as the basis for his potential disqualification. Consequently, they have asked the court to exclude him from the Colorado Republican primary.
Trump has consistently denied any wrongdoing in connection with the January 6, 2021, breach of the U.S. Capitol and his alleged challenges to the 2020 election results. Despite his denials, he is currently facing charges in Washington, D.C., related to the latter.
Trump’s legal team has argued that a Colorado law designed to protect individuals from lawsuits filed in response to their exercise of free speech rights should shield him from this lawsuit. They specifically cite Colorado’s anti-SLAPP law, which is intended to safeguard individuals from Strategic Lawsuits Against Public Participation.
Judge Wallace, in her opinion, turned down Trump’s anti-SLAPP motion. She underlined the importance of the public’s vested interest, regardless of their political affiliations, in guaranteeing that “only constitutionally qualified candidates are listed on the ballot” and that “only constitutionally qualified candidates can aspire to hold the highest office in the country.”
“The question before the Court, as to this factor, is simple: would the preclusion of a constitutionally incapable candidate from seeking public office enforce an important right affecting the public interest and confer a significant benefit on the public?” the judge wrote.
At present, Trump is ahead of other candidates in the Republican race, surpassing contenders like Florida Governor Ron DeSantis, as indicated by various polls. Similar lawsuits in Michigan, Minnesota, and West Virginia seek to exclude Trump from the 2024 Republican ballot, while a lawsuit in Oklahoma was recently dismissed.
“We are pleased with the court’s well-reasoned and very detailed order, leading to a thorough decision, and look forward to presenting our case at trial,” Mario Nicolais, the attorney representing the plaintiffs, said.
