Judge in lawsuit to scratch Trump from state ballot keeps case alive

The judge is remaining firm in a lawsuit aiming to banish former President Donald Trump -- the frontrunner in the 2024 presidential race for the GOP nomination -- from the Colorado ballot because of his inciting crowds to lay siege on the Capitol back on Jan. 6.

Trump's team and GOP lawyers backing his efforts suffered a setback when Denver District Judge Sarah Block Wallace reinforced her rejection of a filing by Trump to toss a lawsuit, noting that his objections on freedom of speech grounds did not apply.

"The Court makes no judgments on the merits of Intervenor Trump’s constitutional fitness as a candidate by way of these rulings," the ruling from Friday reads.

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"The question which the Court considers here is, again, if a political party puts forth a constitutionally ineligible candidate, and if the Secretary of State has the legal authority to vet candidate fitness, does it violate the First Amendment for the State to disqualify that candidate on the grounds of his ineligibility?" Trump’s legal team buttressed by state Republican attorneys are in a legal battle to help the 45th president's chances of appearing on the ballot in his quest to become the 47th president.

Six Colorado voters filed the lawsuit in last month in Denver, claiming that Trump should be stricken from running in future elections under the 14th Amendment, which bans any person who took the oath to support the Constitution from holding office if they "engaged in insurrection or rebellion."

The judge noted that the Colorado Republican State Central Committee (CRSCC), supporting the president's defense, may be arguing that it is a violation of Trump's rights.

But Judge Wallace writes it is not.

According to the papers: "To find otherwise would be to permit the political parties to disregard the requirements of the law and the constitution whenever they decided as a matter of 'political expression' or 'political choice' that they did not apply."

The issue about whether Trump is being penalized under the merits of the 14th amendment were not addressed and expected to be in a future filing.

Trump is seeking a resolution in the case ahead of the Jan. 5 deadline for presidential candidates' names to certified for the Colorado primary.