Lawyers for former President Donald Trump are arguing that attempts to kick him off the presidential ballot under a rarely used constitutional clause for engaging in “insurrection” are improper attempts to interfere with his freedom of speech.
The former president’s lawyers also said the challenge should be dismissed because he is not yet a candidate under the meaning of Colorado election law, which they contend isn’t intended to settle constitutional disputes.
The motion under Colorado’s anti-SLAPP law, which shields people from lawsuits that harass them for behavior protected by the First Amendment, will be the first of the 14th Amendment challenges filed in multiple states to be considered in open court. It was filed late Friday and posted by the court Monday.
Denver District Judge Sarah B. Wallace has scheduled a hearing on the motion for Oct. 13. A hearing on the constitutional issues will come on Oct. 30. Whatever Wallace rules, the issue is likely to reach the U.S. Supreme Court, which has never heard a case on the provision of the 14th Amendment, which was ratified in 1868, three years after the Civil War ended. The clause has only been used a handful of times.
Section Three of the amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. Its initial intent was to prevent former Confederate officials from becoming members of Congress and taking over the government.
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