Fourteenth Amendment (US Constitution)

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      What Is the 14th Amendment, and How Could It Disqualify Trump in Colorado?

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      A ruling that Donald Trump is ineligible for the presidency will test the court’s methodological values.The ruling by Colorado’s Supreme Court that former President Donald J. Trump is ineligible to be president again because he engaged in an insurrection has cast a spotlight on the basis for the decision: the Constitution’s 14th Amendment, which includes a clause disqualifying people who violated their oaths of office from holding government positions in the future.Mr. Trump has vowed to appeal to the Supreme Court. It is dominated by a supermajority of six justices who emerged from the conservative legal movement, which values methods of interpretation known as textualism and originalism. Under those precepts, judges should interpret the Constitution based on its text and publicly understood meaning when adopted, over factors like evolving social values, political consequences or an assessment of the intended purpose of the provision.Some of the major questions raised by the ruling — like whether it would need an act of Congress to take effect as well as the power of a state court to decide whether a federal candidate is qualified — do not turn on interpreting the clause’s text. But here is where textualism and originalism may come into play.What is the disqualification clause?The 14th Amendment was adopted in 1868 as part of the post-Civil War Reconstruction Era. To deal with the problem of former Confederates holding positions of government power, its third section disqualifies former government officials who have betrayed their oaths from holding office.Specifically, the clause says that people are ineligible to hold any federal or state office if they took an oath to uphold the Constitution in one of various government roles, including as an “officer of the United States,” and then engaged in insurrection or rebellion against the United States or aided its enemies. The clause also says a supermajority vote in Congress could waive such a penalty.According to a Congressional Research Service report, a criminal conviction was not seen as necessary: federal prosecutors brought civil actions to oust officials who were former Confederates, and Congress refused to seat certain members under the clause. Congress passed amnesty laws in 1872 and 1898, lifting the penalties on former Confederates.Is the president an ‘officer of the United States’?Mr. Trump is unique among American presidents: He has never held any other public office and only swore an oath to the Constitution as president. That raises the question of whether the disqualification clause covers the oath he took. While as a matter of ordinary speech, a president is clearly an “officer of the United States,” there is a dispute over whether it excludes presidents as a constitutional term of art.In 2021, two conservative legal scholars, Josh Blackman of the South Texas College of Law Houston and Seth Barrett Tillman of the National University of Ireland, Maynooth, published a law review article about the clause arguing on textualist and originalist grounds that a president does not count as an officer of the United States. Among other issues, they focused on language about “officers” in the original Constitution as ratified in 1788 — including language about oaths that can be read as distinguishing appointed executive branch officers from presidents, who are elected.Last summer, two other conservative legal scholars — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — posted a law review article that invoked similar methodology but concluded that Mr. Trump is ineligible for the presidency. “Essentially all the evidence concerning the original textual meaning” of the clause pointed in that direction, the scholars argued. Among other things, they wrote that phrases like “officer of the United States” must be read “sensibly, naturally and in context, without artifice” that would render it a “‘secret code’ loaded with hidden meanings.”In an earlier phase of the Colorado case, a lower court judge had ruled that the clause does not cover presidents and so rejected removing Mr. Trump from the ballot. In finding the opposite, the Colorado Supreme Court also cited evidence of people in the immediate post-Civil War era discussing the president as an officer of the government, while focusing on ordinary use of the term rather than treating it as a term of art.Were the events of Jan. 6 an insurrection?The question of whether “insurrection” aptly describes the events of Jan. 6 is another topic of debate, although it was not a major disagreement among judges in Colorado.Some critics of Mr. Trump use that word to describe how a pro-Trump mob overran the Capitol in an attempt to block Congress from certifying President Biden’s Electoral College victory. Mr. Trump’s allies — as well as some people who are otherwise his critics — argue that “insurrection” is hyperbole.The Constitution does not define the word. While it was written after the South’s armed rebellion against the Union, its text does not limit its scope to participation in events of a comparable scale. A federal statute allowing presidents to use troops to suppress insurrections discusses “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States” that “make it impracticable to enforce the laws of the United States in any state by the ordinary course of judicial proceedings.”The Colorado Supreme Court’s four-justice majority found that the events were an insurrection, and that issue was not the basis of any of the three dissents. The lower-court judge who had rejected the lawsuit on the grounds that the president is not an “officer of the United States” had nevertheless found that the events of Jan. 6 constituted an insurrection.Has Trump ‘engaged’ in an insurrection?Even assuming the events of Jan. 6 were an insurrection, there remains the question of whether the actions of Mr. Trump — who did not himself storm Congress — amounted to engaging in an insurrection against the government or giving aid and comfort to its enemies.The House committee that investigated Mr. Trump’s attempt to subvert the 2020 election concluded that the events met the standard of an insurrection, and asked the Justice Department to consider charging him under a law that makes it a crime to incite, assist, or give “aid or comfort” to an insurrection.The panel cited his summoning of supporters to Washington on Jan. 6, the fiery speech he delivered to them as they morphed into a mob, how he refused for hours to take steps to call off the rioters despite being implored by aides to do so, and an inflammatory tweet he sent about Mr. Pence during the violence.Still, the special counsel, Jack Smith, did not include inciting an insurrection in the charges he brought against Mr. Trump, and to date Mr. Trump has not been convicted of any crime in connection with his attempts to stay in office for a second term despite losing the election. Mr. Trump has argued that all his actions were protected by the Constitution, including the First Amendment.What else have courts said about the clause and Jan. 6?There has never before been a presidential candidate who is accused in court of being an oath-breaking insurrectionist, so there is no Supreme Court precedent solidly on point. But other politicians have faced similar legal challenges in connection with the events of Jan. 6, 2021.In early 2022, opponents of Representative Madison Cawthorn, a Trump-aligned Republican of North Carolina, filed a lawsuit to keep him from running for re-election based on what they described as his role in encouraging what became the Jan. 6 riot. A Federal District Court judge dismissed the case, ruling that the clause no longer had force after the 1872 amnesty law. But an appeals court overturned that ruling, holding that the amnesty law was only retrospective and the prohibition still applied in general. Mr. Cawthorn lost his primary election, so the case was rendered moot without resolving other issues.Opponents of Representative Marjorie Taylor Greene, a Trump-aligned Republican of Georgia, similarly tried to keep her from running for re-election in 2022. A state judge rejected that challenge, finding no persuasive evidence that she “took any action — direct physical efforts, contribution of personal services or capital, issuance of directives or marching orders, transmissions of intelligence, or even statements of encouragement — in furtherance” of what turned into the Jan. 6 riot after she first took the oath on Jan. 3, 2021.And in September 2022, a state judge in New Mexico ordered Couy Griffin, a commissioner in New Mexico’s Otero County, removed from office under the clause. Mr. Griffin had been convicted of trespassing for breaching the Capitol as part of the mob. The judge ruled that the events surrounding the Jan. 6 riot counted as an insurrection and that Mr. Griffin’s role in the matter rendered him “constitutionally disqualified from serving.” More

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      Trump Cases Crashing Into Supreme Court Could Reshape 2024 Election

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      The ruling that Donald Trump is not eligible for the ballot in Colorado is the latest election-related issue likely to land before the justices. The implications for 2024 could be profound.It has been obvious for months that politics and the law were going to bump into one another in the 2024 campaign, given the double role that former President Donald J. Trump has been playing as a criminal defendant and leading Republican candidate.But in a way that few expected, that awkward bump has turned into a head-on collision. It now seems clear that the courts — especially the Supreme Court — could dramatically shape the contours of the election.The nine justices have already agreed to review the scope of an obstruction statute central to the federal indictment accusing Mr. Trump of plotting to overturn the 2020 election. And they could soon become entangled in both his efforts to dismiss those charges with sweeping claims of executive immunity and in a bid to rid himself of a gag order restricting his attacks on Jack Smith, the special counsel in charge of the case.The court could also be called upon to weigh in on a series of civil lawsuits seeking to hold Mr. Trump accountable for the violence at the Capitol on Jan. 6, 2021.And in the latest turn of events, the justices now seem poised to decide a novel and momentous legal question: whether Mr. Trump should be disqualified from state ballots for engaging in an insurrection on Jan. 6 in violation of a Reconstruction-era constitutional amendment.Taking up just one of these cases would place the Supreme Court — with a conservative majority bolstered by three Trump appointees — in a particular political spotlight that it has not felt in the 23 years since it decided Bush v. Gore and cemented the winner of the 2000 presidential race.But a number of the issues the court is now confronting could drastically affect the timing of the proceedings against Mr. Trump, the scope of the charges he should face or his status as a candidate, with potentially profound effects on his chances of winning the election. And the justices could easily become ensnared in several of the questions simultaneously.“In this cycle, the Supreme Court is likely to play an even larger role than in Bush v. Gore,” said David Becker, executive director of the Center for Election Innovation and Research, a nonpartisan group dedicated to improving election administration.“It’s not just the issue of whether or not Donald Trump engaged in insurrection, which would disqualify him from holding the presidency under the 14th Amendment,” Mr. Becker said, “but also issues related to presidential immunity and criminal proceedings in general.”All of this arrives at a particularly vulnerable moment for the court. In the wake of its decisions on contentious issues like abortion rights and affirmative action, critics have assailed it for being guided by an overt political ideology.At the same time, some of the justices have come under withering personal scrutiny for their finances and links to wealthy backers. And given that Mr. Trump has at times expressed surprise that the justices he put on the bench have not been more attuned to his interests, any decisions by the court that favor him are sure to draw intense criticism.“Most of the justices would surely prefer the court to keep a low profile in the 2024 presidential election,” said Richard H. Pildes, a law professor at New York University.“In a highly polarized, social media-fueled political culture,” he said, “the justices know that nearly half the country is likely to view the court as having acted illegitimately if the court rules against their preferred candidate.”But while the court’s current majority has certainly favored any number of staunchly conservative policies, it has shown less of an appetite for supporting Mr. Trump’s attempts to bend the powers of the presidency to his benefit or to interfere with the mechanics of the democratic process.The justices largely ignored the slew of lawsuits that he and his allies filed in lower courts across the country three years ago seeking to overturn the last election. They also rejected out of hand a last-minute petition from the state of Texas to toss out the election results in four key battleground states that Mr. Trump had lost.None of this, of course, is a guarantee of how the court might act on the issues it is facing this time.Even a decision by the Supreme Court to move slowly in considering the issues heading its way could have major ramifications, especially the question of whether Mr. Trump is immune from prosecution for actions he took as president. If that issue gets tied up in the courts for months, it could make it harder to schedule his trial on charges of trying to overturn the 2020 election before the general election season starting in the summer — and could even delay it until after Election Day.In fact, there are so many moving parts in the overlapping cases that Mr. Trump is facing that it is all but impossible to predict which issues might get taken up, how the justices will rule on the questions they consider and what effects their decisions might have as they flow downstream to the lower courts that are handling the former president’s four criminal cases and his many civil proceedings.It is important to remember something else: Mr. Trump is interested in more than winning arguments in court. From the start, he and his lawyers have pursued a parallel strategy of trying to delay his cases for as long as possible — ideally until after the election is decided.If he can succeed in such a delay and win the race, he would have the power to simply order the federal charges he is facing to be dropped. Regaining the White House would also complicate the efforts of local prosecutors to hold him accountable for crimes.The courts have shown that they, too, are aware that timing is an issue in Mr. Trump’s cases. Judges are normally loath to set the pace of proceedings based on outside pressures, but in the cases involving Mr. Trump the courts have found themselves in an unusual bind.Setting too aggressive a schedule could impinge on the rights of the defendant to have sufficient time to prepare for a complex trial. But to move too slowly would be to risk depriving voters of the knowledge they would glean from a trial before Election Day and give Mr. Trump, were he to win the election, the chance to kill the prosecutions or put them on hold for years.“It’s all extremely awkward,” said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Having the courts so enmeshed in Mr. Trump’s legal and political future has opened up the question of just how much ordinary people, not judges, will get to decide what happens at the polls next year. It has also left unresolved the degree to which judicial decisions will affect whether voters are able to hear the evidence that prosecutors have painstakingly collected about Mr. Trump’s alleged crimes before they render a decision about whether to re-elect him.Some election law specialists said the courts should generally defer to voters and not interfere in the choices they can make.“My view is that Trump is a political problem, and the appropriate response is politics,” said Tabatha Abu El-Haj, a law professor at Drexel University.But Edward B. Foley, a law professor at Ohio State University, said that elections must be governed by legal principles.“It’s commonplace to think that voters, not courts, should determine who’s elected president,” he said. “But it’s also essential to remember that the law, including court rulings, structures the electoral choices voters face when they cast their ballot.”Adam Liptak More

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      With Trump Declared an ‘Insurrectionist,’ His Rivals Pull Their Punches, Again

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      The blockbuster ruling by Colorado’s Supreme Court would seem to give Donald Trump’s challengers an avenue of attack, but far behind in the polls, they are skirting the issue.A state high court’s decision that the Republican front-runner for the White House is disqualified from office might seem like a pretty good opening for his ostensible G.O.P. challengers.But in an era of smashmouth politics, ushered in by former President Donald J. Trump, only Mr. Trump appears capable of smashing anyone in the mouth. So, with under four weeks before the Iowa caucuses, the Colorado Supreme Court’s ruling on Tuesday — that Mr. Trump was disqualified from the state’s primary ballot under a section of the 14th Amendment that holds that “no person shall” hold “any office, civil or military” who has “engaged in insurrection or rebellion” — was apparently off limits.Mr. Trump still seems to be the one setting the parameters for legitimate debate in the G.O.P., even if he doesn’t participate in the party’s actual debates.“We don’t need to have judges making these decisions,” Nikki Haley, the former South Carolina governor who is rising in the polls but still far behind Mr. Trump, told reporters in Agency, Iowa, on Tuesday.Gov. Ron DeSantis of Florida not only refrained from attacking his chief rival, but he also spun out a conspiracy theory to suggest the ruling was a plot against him to aid Mr. Trump.“What the left and the media and the Democrats are doing — they’re doing all this stuff, to basically solidify support in the primary for him, get him into the general, and the whole general election is going to be all this legal stuff,” Mr. DeSantis said on Wednesday, speaking at the Westside Conservative Club Breakfast in Iowa.At a restaurant outside Des Moines, he asked reporters, “We’re going to be litigating this stuff for how many more years going forward? I think we’ve got to start focusing on the people’s issues.”Vivek Ramaswamy, the entrepreneur who has clung most tightly to Mr. Trump’s pant legs throughout the primary season, went so far as to pledge solidarity and withdraw his own name from the Colorado ballot, and he demanded the other candidates follow suit. A biotech financier who has spent millions of his own dollars on his campaign, Mr. Ramaswamy railed against “the unelected elite class in the back of palace halls” as he sat in the back of his well-appointed campaign bus.Even Chris Christie, the former New Jersey governor whose long-shot run for the Republican nomination has centered on questioning the front-runner’s fitness for office, demurred, engaging not on the Colorado justices’ conclusions but their timing.“I don’t think a court should exclude somebody from running for president without there being a trial and evidence that’s accepted by a jury that they did participate in insurrection,” he said on Tuesday night during a town hall event in New Hampshire.The heart of the Republican primary season is now just weeks away: Voters in Iowa will caucus on Jan. 15, with the first primary of the year, New Hampshire’s, coming Jan. 23. If anything, the former president’s lead seems only to grow. He clobbers his closest Republican competitors in the primary by more than 50 percentage points, in a new New York Times/Siena College poll, drawing 64 percent of Republican primary voters nationwide.Yet his rivals remain apparently unwilling to take any real risks that could shake the dynamic. Republican primary voters have overwhelmingly decided that each new legal challenge to Mr. Trump’s actions to cling to power after losing the 2020 election, each ruling in cases involving the way he has conducted business, treated women or handled classified material — all of it is simply not relevant to their votes.More than one in five Republican voters think Mr. Trump has committed crimes, and 13 percent of Republicans believe that he should be found guilty in court of trying to overturn the 2020 election, yet most of those voters also say they would still cast their ballots for him.So, his rivals figure, why dwell on it?“I guess that state has that right to remove Trump from the ballot if they feel like it,” Tim Robbins, 72, a farmer and Iowa Republican, said of the Colorado ruling after an appearance by Ms. Haley. “But I think the people need to decide. It’s the people’s decision, not the state’s decision.”He added that he agreed with Ms. Haley’s hands-off approach: “I don’t need somebody to tell me what to think of somebody else,” he said. “I’ll draw my own conclusions.”It seemed on Wednesday that only two people in the race for the White House wanted to talk about the Colorado ruling: Mr. Trump, who sent fund-raising appeals in emails with the subject lines “BALLOT REMOVAL” and “REMOVED FROM THE BALLOT,” and President Biden, who said Mr. Trump “certainly supported an insurrection.”“You saw it all,” the president told reporters on Wednesday. “Now, whether the 14th Amendment applies, I’ll let the court make that decision.”There is no evidence suggesting that Mr. Biden has any ties to the Colorado case, or that he has meddled in any of the four criminal cases pending against Mr. Trump. But on his social media network, Mr. Trump was spinning the story that has either paralyzed his rivals for the nomination or elicited hosannas from the competition.“BIDEN SHOULD DROP ALL OF THESE FAKE POLITICAL INDICTMENTS AGAINST ME, BOTH CRIMINAL & CIVIL,” he wrote. “EVERY CASE I AM FIGHTING IS THE WORK OF THE DOJ & WHITE HOUSE.”Michael Gold More

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      Trump’s Ballot Eligibility Faces Challenges in These Other States, Too

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      At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.This week’s decision by the Colorado Supreme Court to disqualify former President Donald J. Trump from holding office again was the first victory for a sprawling legal effort that is still unfolding across the country.At least 16 other states currently have pending legal challenges to Mr. Trump’s eligibility for office under the 14th Amendment, according to a database maintained by Lawfare, a nonpartisan site dedicated to national security issues. The lawsuits argue that he is barred because he engaged in an insurrection with his actions surrounding the Capitol riot on Jan. 6, 2021.Four of these lawsuits — in Michigan, Oregon, New Jersey and Wisconsin — have been filed in state courts. Eleven lawsuits — in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia and Wyoming — have been filed in federal district courts.Cases in two of these states, Arizona and Michigan, were initially dismissed by a lower court but have been appealed. Another challenge has also been made in Maine.The Trump campaign has said it will appeal the ruling in Colorado, in which the State Supreme Court said it would put its decision on hold — meaning that it is not in effect — until Jan. 4, in hopes of receiving guidance from the U.S. Supreme Court.“We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression,” the Colorado justices wrote, noting that their decision could change based on “the receipt of any order or mandate from the Supreme Court.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      An Explosive Trump Ruling, and a Chaotic Congo Election

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      The New York Times Audio app is home to journalism and storytelling, and provides news, depth and serendipity. If you haven’t already, download it here — available to Times news subscribers on iOS — and sign up for our weekly newsletter.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about five minutes.Colorado’s Supreme Court was the first in the nation to rule that former President Donald J. Trump was disqualified on the basis of the 14th Amendment.Doug Mills/The New York TimesOn Today’s Episode:Colorado Ruling Knocks Trump Off Ballot, by Adam LiptakNearly a Quarter of Trump Voters Say He Shouldn’t Be Nominated if Convicted, by Maggie Haberman, Alan Feuer and Ruth IgielnikAfter Years of Wrangling, E.U. Countries Reach Major Deal on Migration, by Matina Stevis-GridneffF.A.A. to Investigate Exhaustion Among Air Traffic Controllers, by Emily Steel and Sydney EmberInside a Chaotic Billion-Dollar Election in a Pivotal African Nation, by Declan WalshNASA Streams Cat Video From Deep, Deep Space, by Sopan DebJessica Metzger and More

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      Colorado Supreme Court Takes Up Trump’s Eligibility to Be President

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      A district court judge ruled last month that the 14th Amendment barred insurrectionists from every office except the nation’s highest. “How is that not absurd?” one justice asked of that notion.The Colorado Supreme Court heard arguments Wednesday on the question of whether former President Donald J. Trump is barred from holding office again under Section 3 of the 14th Amendment, which disqualifies people who engaged in insurrection against the Constitution after taking an oath to support it.Several of the seven justices appeared skeptical of arguments made by a lawyer for Mr. Trump, including the core one that a district court judge relied on in a ruling last month ordering Mr. Trump to be included on the Colorado primary ballot: that Section 3 did not apply to the presidency. The Colorado Supreme Court is hearing an appeal of that ruling as part of a lawsuit brought by Republican and independent voters in the state who, in seeking to keep Mr. Trump off the ballot, have contended the opposite.“How is that not absurd?” Justice Richard L. Gabriel asked of the notion that the lawmakers who wrote Section 3 in the wake of the Civil War had intended to disqualify insurrectionists from every office except the nation’s highest.Section 3 lists a number of positions an insurrectionist is disqualified from holding but not explicitly the presidency, so challenges to Mr. Trump’s eligibility rely on the argument that the presidency is included in the phrases “officer of the United States” and “any office, civil or military, under the United States.” It also does not specify who gets to decide whether someone is an insurrectionist: election officials and courts, as the petitioners argue, or Congress itself, as Mr. Trump’s team argues.Mr. Trump’s lawyer, Scott Gessler, suggested on Wednesday that the lawmakers had trusted the Electoral College to prevent an insurrectionist from becoming president, and that they had known the Northern states held enough electoral power after the Civil War to prevent a Confederate leader from winning a national election anyway.Justice Gabriel did not seem satisfied, and neither did colleagues who jumped in with follow-up questions. Justice Monica M. Márquez asked why lawmakers would have chosen the “indirect” route of blocking someone only through the Electoral College. And Justice Melissa Hart asked whether Mr. Gessler’s interpretation of Section 3 would have allowed Jefferson Davis, the leader of the Confederacy, to become president.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

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      State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      Colorado Supreme Court Agrees to Take Up Trump 14th Amendment Case

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      A state judge ruled last week that the former president had engaged in insurrection on Jan. 6, 2021, but allowed him to remain on the ballot.The Colorado Supreme Court agreed on Tuesday to take up an appeal of a state judge’s ruling allowing former President Donald J. Trump to remain on the state’s primary ballot, in a nationwide battle over his eligibility to run for president again.Plaintiffs, citing Mr. Trump’s efforts to overturn the 2020 election, argued that Section 3 of the 14th Amendment disqualifies anyone who “engaged in insurrection or rebellion” against the Constitution after having taken an oath to support it.Judge Sarah B. Wallace ruled that Mr. Trump had engaged in insurrection with his actions before and during the Jan. 6, 2021, attack on the U.S. Capitol. But she allowed Mr. Trump to remain on the ballot anyway on the narrow grounds that the disqualification clause of the 14th Amendment did not apply to the president of the United States.A spokesman for Mr. Trump, Steven Cheung, said in a statement after Judge Wallace’s ruling last week that it was “another nail in the coffin of the un-American ballot challenges.”The plaintiffs filed their appeal to the Colorado Supreme Court on Monday evening, and the court agreed to hear the case on an accelerated timetable. Mr. Trump’s lawyers must file a brief in the case by next Monday, and oral arguments are scheduled to begin on Dec. 6.Jena Griswold, the Colorado secretary of state and a Democrat, has previously said she would follow whatever ruling was in place on Jan. 5, 2024, the state’s deadline for certifying candidates on the ballot for the March 5 primary.Mario Nicolais, a lawyer for the plaintiffs, said that the fast pace of the court schedule indicated that “the Supreme Court has taken this with the seriousness that it requires,” adding that “we are confident that we will come away from the Colorado Supreme Court with a victory and that he will be barred from being on the ballot.” More