Trump faces potential disqualification from ballots due to 14th Amendment

Former US President Donald Trump is facing increasing legal challenges that could lead to his disqualification from appearing on ballots in several states. These challenges are based on Section 3 of teh 14th Amendment to the US Constitution, which prevents individuals who have taken an oath to support the Constitution and then engaged in insurrection or rebellion against it from holding office.

What does the 14th Amendment say?

Section 3 of the 14th Amendment, ratified after the Civil War, states that no person shall hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath… to support the Constitution of the United states, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

The arguments for disqualification

Lawsuits filed in several states, including Colorado, Minnesota, and Michigan, argue that Trump’s actions surrounding the January 6, 2021, attack on the US Capitol constitute “engaging in insurrection or rebellion.” Specifically, plaintiffs point to Trump’s repeated false claims of a stolen election, his speech on the morning of January 6th urging supporters to march to the Capitol, and his alleged inaction during the attack itself.

Legal challenges and rulings

* Colorado: The Colorado supreme Court ruled in December 2023 that Trump is disqualified from the state’s ballot, marking the first time the 14th Amendment has been used to disqualify a presidential candidate. Trump has appealed this decision to the US Supreme Court.
* Minnesota: A Minnesota judge dismissed a similar challenge, finding that while trump’s actions were reckless, the legal standard for disqualification under the 14th Amendment hadn’t been met.
* Michigan: The Michigan Supreme Court declined to hear an appeal on the issue, effectively allowing Trump to remain on the ballot in that state.

Trump’s response

Trump’s legal team argues that his actions do not meet the constitutional definition of insurrection and that he is protected by the First Amendment’s guarantee of free speech. They also contend that only Congress, not state courts, has the authority to enforce Section 3 of the 14th Amendment.

The Supreme Court’s role

The US Supreme Court has agreed to hear Trump’s appeal from the colorado ruling. The Court’s decision, expected in the coming months, will have significant implications for the 2024 presidential election and could set a precedent for future cases involving the 14th Amendment. The ruling will likely address key questions such as:

* What constitutes “engaging in insurrection or rebellion”?
* Does Section 3 of the 14th Amendment require congressional action to be enforced?
* Can states disqualify presidential candidates under the 14th Amendment?

Potential consequences

If the Supreme Court upholds the Colorado ruling, Trump could be removed from the ballot in multiple states, considerably impacting his chances of winning the presidency. Conversely, if the Court rules in Trump’s favor, it would likely allow him to remain on the ballot nationwide and could weaken the 14th Amendment’s insurrection clause.

https://www.pravda.com.ua/rus/news/2025/12/03/8010229/