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Why Trump’s Candidacy Faces Graver Threat From 14th Amendment Case In Colorado

A lawsuit filed to prevent former President Donald Trump from contending for the presidency could have far-reaching implications

A lawsuit filed in a Colorado state court to prevent former President Donald Trump from contending for the presidency under the 14th Amendment could have far-reaching implications, according to a report.

What Happened: A lawsuit filed in a Colorado state court by Washington-based Citizens for Responsibility and Ethics, or CREW, on behalf of four Republican and two unaffiliated voters seeks to protect the rights of voters to “to fully participate in the upcoming primary election by ensuring that votes cast will be for those constitutionally qualified to hold office,” Jordan Rubin noted in a blog post on MSNBC.

The lawsuit comes close on the heels of a federal judge’s dismissal of a lawsuit in Florida that sought to keep Trump off the 2024 presidential ballot under the 14th Amendment.

Trump in court.jpg
Former U.S. President Donald Trump waves as he makes a visit to the Cuban restaurant Versailles after he appeared for his arraignment on June 13, 2023, in Miami, Florida. The latest suit is better poised to get the courts to answer the question of whether Trump should be disqualified from running for the presidency. ALON SKUY/GETTY IMAGES.

Section 3 of the 14th Amendment states that no person can hold public office, either in the federal or state government, if they have “engaged in insurrection or rebellion against” the U.S., or “given aid or comfort to the enemies thereof.”

While dismissing the Florida lawsuit, U.S. District Judge Robin Rosenberg said that “an individual citizen does not have standing to challenge whether another individual is qualified to hold public office.”

Why It’s Important: “The filings in the federal court and the state court could be different,” said Rubin. The latest suit is better poised to get the courts to answer the question of whether Trump should be disqualified from running for the presidency, he added.

Trump has since sought the removal of the Colorado state case to federal court just as he has done in the Georgia election subversion case, Rubin pointed out.

Trump in court.jpg
Former U.S. President Donald Trump waves as he makes a visit to the Cuban restaurant Versailles after he appeared for his arraignment on June 13, 2023, in Miami, Florida. The latest suit is better poised to get the courts to answer the question of whether Trump should be disqualified from running for the presidency. ALON SKUY/GETTY IMAGES.

“In the meantime, this lawsuit poses a bigger threat to Trump’s candidacy than the recently dismissed case in federal court, and it will be worth watching,” said Rubin.

Colorado Secretary of State Jena Griswold told Politico that “there have been conversations among secretaries” about the idea of barring Trump from seeking the presidency. She said the lawsuit in her state was likely one of the first on the issue — but not the last.

Produced in association with Benzinga

Edited by Priscilla Jepchumba and Newsdesk Manager

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