Trump is disqualified from holding the office of President because he “engaged in insurrection” against the Constitution of the United States— and that he did so after taking an oath “as an officer of the United States” to “support” the Constitution. [...] (1) 2 the State of Colorado.2 Yet, on December 19, 2023, the Col- orado Supreme Court ordered President Trump removed from the presidential primary ballot — a ruling that, if al- lowed to stand, will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presiden- tial candidate. [...] The question of eligibility to serve as President of the United States is properly reserved for Congress, not the state courts, to consider and decide. [...] The district court’s findings of fact rely heavily on the Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, HR 117- 663, 117th Cong., 2d Sess. [...] For its conclusions of law, the district court held that the Colorado Election Code does not allow the Secretary of State to assess a presidential candidate’s eligibility un- der section 3 of the Fourteenth Amendment.
- Pages
- 370
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- United States of America