A Colorado judge rejected the former president Donald Trump’s latest attempt to dismiss a lawsuit that sought to ban him from running for the presidency in 2024 based on the 14th Amendment “insurrectionist prohibition.”

The decision Wednesday by Colorado District Judge Sarah Wallace opens the door for an unprecedented trial that will begin next week to determine whether Trump is disqualified to return to the White House due to his role in January 6, 2021 insurrection.

It is Trump’s fifth failed attempt to have the Colorado case thrown out. This is one of many pending lawsuits that are trying to undermine his campaign based on 14th Amendment.

The 14th Amendment was ratified following the Civil War and states that US officials who swear to uphold the Constitution will be disqualified for future office if “they engaged in insurrection”, or “have given aid or comfort” (or both) to insurrectionists. The Constitution doesn’t specify how the ban is enforced, and the law has only been used twice since 1800.

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Wallace’s 24-page ruling rejected Trump’s argument that the courts should not be handling questions regarding his eligibility. She also rejected Trump’s argument that Colorado election officials do not have the authority to enforce the “insurrectionists ban” which is enshrined by Section 3 of 14th Amendment.

Wallace wrote: “The Court held that states could, and had, applied Section 3 pursuant state statutes, without federal enforcement legislation.”

She said that the trial would focus on a number of key questions including whether or not the events of 6 January “constituted an insurrection”, and whether Trump “engaged in” insurrection.

Trump has denied any wrongdoing in relation to the attack on the US Capitol that took place on January 6, 2017. He has pleaded guilty to federal and state charges stemming his attempt to overturn the election of 2020.

His campaign condemned these “absurd lawsuits” and said that the groups pushing for these challenges to candidacy are “stretching law beyond recognition”.