Here's the judge is reasoning:
Absolutely WTF
Wallace said she was keeping the former president on the ballot because the 14th Amendment’s “insurrectionist ban” does not apply to presidents, though she found that “Trump engaged in an insurrection on January 6, 2021 through incitement, and that the First Amendment does not protect Trump’s speech.
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The
14th Amendment, ratified after the Civil War, says American officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the Constitution doesn’t say how to enforce the ban, and it has only been applied twice since 1919 – which is why many experts view these lawsuits as long shots.
The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say presidents. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency.
“After considering the arguments on both sides, the Court is persuaded that ‘officers of the United States,’ did not include the President of the United States,” she wrote. “It appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.”
Legal scholars believe these cases will, in some form, end up at the US Supreme Court. But before that, the GOP and independent voters who
filed the Colorado lawsuit in coordination with a liberal watchdog group, could first file an appeal to the Colorado Supreme Court.
All this proves is the constitution doesn't matter