The Big Question: Can Donald Trump still run for president after the Jan. 6th Capitol attack? Two recent decisions, one from Colorado's Supreme Court and another from Maine's Secretary of State, say no, citing a rarely used constitutional clause meant to bar those involved in insurrection from holding office. What's the Law? The 14th Amendment's Section 3 disqualifies anyone who, after taking an oath to uphold the Constitution, engages in "insurrection or rebellion" against the US. While aimed at former Confederates after the Civil War, it's now being applied to Trump.
Why Trump? He's accused of inciting the Jan. 6th attack and is already on trial for trying to overturn the 2020 election results. Dozens of lawsuits seek to disqualify him based on Section 3.
What Happened? Colorado's Supreme Court removed Trump from the state's ballot, while Maine's Secretary of State did the same. Both decisions are on hold pending legal challenges.
The Supreme Court's Role: Ultimately, the US Supreme Court will likely decide whether Trump can run. Both Colorado and Maine decisions will likely be appealed, forcing the justices to address Section 3 and Trump's eligibility.
Arguments For and Against: Trump's lawyers argue Section 3 doesn't apply to the presidency, it's a political question for voters, and Jan. 6th wasn't an insurrection. His opponents say it's clear-cut: Jan. 6th was an insurrection, Trump was involved, and he's disqualified.
Why the Delay? Legal challenges against Trump weren't "ripe" until he filed for state ballots. Also, no one wanted to make the tough call, with judges and officials dodging the issue due to technicalities and lack of authority.
Maine's Unusual Move: Maine has a unique process where the Secretary of State must hold public hearings on ballot challenges. This led to Bellows' decision, a first for an election official unilaterally removing a candidate based on Section 3.
Potential Chaos: Legal experts warn that dodging the issue could lead to election turmoil in 2024 or 2025. If the Supreme Court doesn't rule or says it's not their decision, imagine Congress deciding Trump's eligibility after narrowly winning a majority.
Is it Partisan? Yes, but not entirely. Both Colorado's Democratic-appointed judges and Maine's Democratic Secretary of State ruled against Trump. However, some prominent conservative legal scholars support using Section 3 against him.
The Bottom Line: The US Supreme Court is poised to make a historic decision: can Donald Trump, despite the Jan. 6th attack, still run for president? This has major implications for the 2024 election and future interpretations of a rarely used constitutional clause.
