In fact, the opinion by Colorado District Judge Sarah B. Wallace is a giant step toward disqualifying Trump from the ballot on constitutional grounds.
In fact, the opinion by Colorado District Judge Sarah B. Wallace is a giant step toward disqualifying Trump from the ballot on constitutional grounds.
The reason why legal commentators are saying this isn't a victory for Trump is because, at this level, the finding of fact is what matters most. Appellate courts almost never rule against lower court's judgment of fact. If she had ruled that the 14th amendment applied and Trump had to be removed from the ballot, we'd be in about the same position. The appellate court would've stayed her ruling pending the appeal. The only real difference is that people would be happier about it. But they'd be happy without a good reason because appellate courts always disregard lower court rulings on matters of law. Her ruling on the applicability of the 14th amendment just doesn't matter much.