“Politicized groups are attempting to make Trump ineligible to run for president, arguing he fomented and, in fact, engaged in insurrection on January 6. This is a perversion of the 14th Amendment,” Mr. Ramaswamy said in a statement released on Sept. 7.
In her dismissal of that case, Judge Robin L. Rosenberg wrote that “an individual citizen does not have standing to challenge whether another individual is qualified to hold public office.”
Mr. Ramaswamy recommended that the judge assigned to the Colorado case “immediately toss it out,” too.
In New Hampshire, meanwhile, a Republican who once garnered the former president’s endorsement in his unsuccessful Senate bid is spearheading a parallel attempt to keep Mr. Trump off the ballot in the crucial early primary state.
“Yesterday’s filing is just the latest in a string of baseless lawsuits designed to silence political opponents and swing the election for Joe Biden, this time by depriving Americans of the right to vote for their candidate of choice,” Mr. Ramaswamy wrote in his response to the Colorado filing.
Mr. Ramaswamy rejected the notion that the language in the 14th Amendment, designed after the Civil War to prevent U.S. officials who defected to the Confederacy from becoming public officials under the postbellum regime, could be construed to bar those involved in the demonstrations on Jan. 6, 2021, let alone Mr. Trump.
“These men had clearly taken part in a rebellion against the United States: the Civil War. Participants in the events of January 6 did not. And Trump, of course, was not even among them,” Mr. Ramaswamy wrote in his statement.
Mr. Ramaswamy also argued that Section 3 of the 14th Amendment does not apply to President Trump, citing a 2010 Supreme Court Decision and Article II of the Constitution to point out that he was not and is not an “officer of the United States.”
“The term does not apply to elected officials, and certainly not to the president himself. The Framers of the 14th Amendment would be shocked and appalled to see their narrow provision—intended to bar former U.S officials who switched to the Confederacy from seeking public office—being weaponized by a sitting president and his political allies to prevent a former president from seeking reelection,” Mr. Ramaswamy wrote.
Former Vice President Mike Pence also questioned the appropriateness of litigation that aims to disqualify President Trump from various ballots using the 14th Amendment.
Mr. Pence has repeatedly said that his own actions on Jan. 6, 2021, fulfilled his duty to the Constitution.
“Not only do I expect him to be on the ballot, but I hope he’s on the debate stage really soon,” Mr. Pence said in his Sept. 5 comments to Fox News Digital.
The frontrunner for the Republican presidential nomination is not expected to appear at the second debate, which will occur later this month at the Ronald Reagan Presidential Library in Simi Valley, California.
Northwestern University law professor Steve Calabresi, writing for The Volokh Conspiracy, argued that President Trump is disqualified under the 14th Amendment. He suggested that former New Jersey Gov. Chris Christie should take action against the former president.
Other legal experts take a different view.