Colorado District Court "Holds that Section Three of the Fourteenth Amendment Does Not Apply to Trump"

A state District Court in Colorado rejected a Section 3 challenge to President Trump 's eligibility.

The court found that President Trump engaged in insurrection, but held that the presidency is not an "Officer of the United States " for purposes of Section 3 .

This is the argument that Seth Barrett Tillman and I have advanced.

The Court is mindful that Stanbery was considering disenfranchisement, not qualification for office, and that he was interpreting a statute he considered "penal and punitive" in nature.

The Court finds that the principle articulated, that the law ought err on the side of democratic norms except where a contrary indication is clear, is appropriate and applicable to the circumstances.