DENVER (KDVR) — A new lawsuit aims to keep former President Donald Trump’s name off the presidential primary ballot in the state of Colorado.
It argues the former president is ineligible to hold office because of a clause in the U.S. Constitution that bars those who have taken the oath of office from holding office again if they were part of an insurrection.
The same group behind this lawsuit — Citizens for Responsibility and Ethics in Washington, or CREW — filed a similar one in New Mexico against a county commissioner convicted of crimes related to Jan. 6. They won, and that person was removed from office.
Does this mean Trump’s case will go the same way? Legal expert Ian Farrell weighs in this week on “Colorado Point of View.”
“They’re district court opinions, and they’re not in the same district as here, so they would be of persuasive value,” said Farrell, associate professor at the University of Denver Sturm College of Law. “They’re not binding, and I think everybody agrees that this will ultimately go to the Supreme Court. And so the U.S. Supreme Court can take those into consideration, but it’s not bound to follow the decision of the lower courts.”
Farrell said the case also will hinge on how the so-called “insurrection” clause is interpreted in court.
“Another issue is that — what counts as an insurrection? What counts as a rebellion? And so forth. And so that’s something that will certainly be argued about,” Farrell said. “There are other issues regarding what is the appropriate mechanism for resolving the issue. How should we deal with this if it is the case that Section 3 (of the 14th Amendment) applies? Should it occur now at the point of time where it’s a name going on the ballot? Some people would say, well, no it says you’re not eligible to act as the officer, it doesn’t say you can’t run.”
Watch that full conversation on “Colorado Point of View,” which for this weekend only will air on Sunday at 7:30 p.m. on Colorado’s Very Own Channel 2.