The legal battle over Donald Trump’s ballot eligibility in Colorado took yet another step closer to trial next week, as a state judge there rejected Trump-aligned dismissal efforts but without signaling an opinion on the ultimate outcome.
Colorado District Judge Sarah Wallace called “pivotal” the legal question of investigation and enforcement of the 14th Amendment’s disqualification clause. But in resolving several issues in a Friday ruling, she said that crucial matter is “best reserved for trial,” which is set to begin Oct. 30.
Section 3 of the amendment bars anyone from office who took an oath to support the U.S. Constitution but then “engaged in insurrection or rebellion against the same, or [has] given aid or comfort to the enemies thereof.” The Colorado suit was filed by Republican and unaffiliated voters, represented by Citizens for Responsibility and Ethics in Washington, who want to protect the rights of voters “to fully participate in the upcoming primary election by ensuring that votes cast will be for those constitutionally qualified to hold office.”
Other cases have been filed around the country, including in Minnesota — where oral argument has been set for Nov. 2 — and in Michigan.
And though Wallace rejected pretrial procedural claims from Trump and the Colorado Republican State Central Committee, the judge made clear she “makes no judgments on the merits” of Trump’s “constitutional fitness as a candidate by way of these rulings.” Of course, what we want to know is how courts will decide Trump’s eligibility, as he also faces several criminal and civil cases. We still don’t know, but we’re closer to finding out — this Colorado case could have national implications. And what the answer is through this first round of litigation could be less important than when it arrives, especially since the issue could be more definitively answered on appeal — perhaps by the Supreme Court.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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