Should Trump be disqualified from office over January 6?
Image: Alex Brandon/AP
On Wednesday, a left-leaning watchdog group filed a lawsuit in Colorado seeking to remove former President Donald Trump from the GOP primary ballot, citing the US Constitution’s ban on insurrectionists holding public office.
- The suit accuses Trump of violating Section 3 of the 14th Amendment, which applies to those who swore to defend the Constitution and then later “engaged in insurrection or rebellion” against the US, or aided any enemies who did so.
⏪ Some quick background: Section 3 was initially passed in the post-Civil War era to prevent Confederates who fought against the Union from returning to power via elections.
After the January 6 riot at the US Capitol two years ago, the law became a topic of focus for many constitutional scholars, including some prominent conservative academics who argue Section 3 can and should be applied to Trump’s actions that day.
Other legal experts contend that state election officials lack the authority to enforce Section 3 against Trump, pointing to an 1869 ruling which set a precedent that candidates’ eligibility under Section 3 can’t be challenged without legislation from Congress authorizing such lawsuits.
👀 Looking ahead… Wednesday marks the first in an expected series of challenges, petitions, and lawsuits in states across the country seeking to disqualify Trump from holding any future public office.
- Last month, the liberal group Free Speech for People wrote to the secretaries of state of Florida, New Hampshire, New Mexico, Ohio, and Wisconsin, urging them not to include Trump on their ballots in 2024.
- And, in recent weeks, the top state election officials in Maine, Michigan, and New Hampshire have said they’re examining the legality of applying the 14th Amendment to Trump’s behavior on January 6.
📊 Flash poll: In your opinion, should former President Trump be disqualified from public office under Section 3 of the 14th Amendment over his actions surrounding the January 6 riot at the US Capitol?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that the question of whether Trump should be disqualified from office is separate from whether or not he committed an official crime, and that Trump’s actions on January 6 are enough to invoke the 14th Amendment.
- Others contend that the 14th Amendment isn’t a punishment, but rather a qualification for office similar to citizenship or age, and that Trump clearly fails the qualifications laid out by the Constitution for someone to hold office.
- “The Constitution Prohibits Trump From Ever Being President Again” –J. Michael Luttig and Laurence H. Tribe, The Atlantic
- “Trump “engaged in insurrection or rebellion,” let us prove it in a Colorado court.” –Martha Tierney and Mario Nicolais, The Denver Post
- “Legal Scholars Say the 14th Amendment Bars Trump From Office. Here’s What History Says.” –Joshua Zeitz, Politico
Sprinkles from the Right
- Some commentators argue that attempting to keep Trump off the ballot using the 14th Amendment is a bad idea because Trump has not yet been indicted or convicted of leading an insurrection on January 6.
- Others contend that using the 14th Amendment to ban Trump from running for office would harm US law and democracy, since the former president isn’t currently being charged for insurrection.
- “The 14th Amendment Trump Panic” –WSJ Editorial Board
- “Why Even Some Trump Foes Don’t Want Him Taken Off the Ballot in 2024” –Jim Geraghty, National Review
- “Summoning violence: Why using the 14th Amendment against Trump is a really bad idea” –Michael McKenna, Washington Times
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