Former president argues that the 14th Amendment-based lawsuit is better suited for federal review.
Former President Donald Trump has filed a request to move a Colorado lawsuit aiming to bar him from the 2024 ballot to federal court. His legal team argued that the lawsuit, brought by a group of voters in Colorado, centers around the 14th Amendment of the U.S. Constitution, which prohibits anyone who has “engaged in insurrection or rebellion” from holding office.
In the initial filing on Thursday, Trump’s lawyers claimed that although the plaintiffs presented their case as state-based, it fundamentally relies on federal constitutional law. Consequently, Trump contended the lawsuit should be addressed at the federal level, where he may access further legal defenses.
However, a follow-up motion on Friday indicated a reversal: Trump’s team acknowledged they lack the standing to push the case to federal court, leading to an agreement to return it to state court. Petitioners emphasized that federal courts lack jurisdiction over the case and cited procedural grounds for returning it to state court, including lack of consent from Colorado’s Secretary of State Jena Griswold.
The case reflects mounting concerns within Trump’s camp over similar attempts in states like New Hampshire, Arizona, and Michigan, where plaintiffs are invoking the Civil War-era section of the 14th Amendment to challenge his eligibility. While Trump initially downplayed such efforts, he has recently dismissed them as “nonsense” and “election interference,” arguing that they represent an abuse of the legal process.
Trump also voiced his disapproval on social media, claiming that most legal experts reject the idea that the 14th Amendment could bar him from running in 2024, suggesting it’s merely a tactic by political opponents. Some conservative legal scholars, however, have acknowledged that there could be constitutional grounds for the challenge.
A response from Trump’s team on these developments was not immediately available on Friday.