The recent ruling by District Court Judge Sarah B. Wallace in the disqualification case against Donald Trump has caused quite a stir. In a surprising turn of events, Judge Wallace found that Trump was indeed engaged in an insurrection on January 6, 2021. However, she denied the petition to disqualify him under the 14th Amendment section three.
Under the 14th Amendment section three, it states that no person shall hold any office under the United States or any state if they have previously engaged in an insurrection or rebellion against the Constitution. The petitioners argued that Trump’s actions on January 6th meet this criteria, but the judge disagreed.
According to Judge Wallace’s interpretation of the 14th Amendment, the disqualification provision does not specifically include the office of the presidency. While she acknowledges that Trump engaged in an insurrection, she does not believe that he can be disqualified based on this section of the Constitution.
Throughout the 102-page order, the judge details the evidence of Trump’s involvement in the insurrection. She highlights his incendiary rhetoric, which encouraged his extremist supporters to take action and undermined the certification of President Biden’s electoral victory.
However, the judge’s statutory construction of the Constitution leads her to the conclusion that the presidency is not covered by the disqualification provision. She points out that the 14th Amendment lists specific positions, such as senators, representatives, and electors of the president, but does not explicitly mention the president or vice president.
While many may disagree with this ruling, it is important to understand the judge’s reasoning. She believes that the exclusion of the presidency from the disqualification provision was intentional during the drafting process of the 14th Amendment. Therefore, she concludes that section three does not apply to Donald Trump.
It is likely that this ruling will be appealed, potentially making its way to the Colorado Supreme Court or even the United States Supreme Court. The fact that Donald Trump has been adjudicated as an insurrectionist could have significant implications for other cases. Only time will tell how this will unfold.
Opinions on this ruling may vary, and it will be interesting to see how the appeals process plays out. Regardless of personal views, it is crucial to examine the facts and understand the court’s decision. Stay tuned for updates on this developing story.