CREW on Wednesday filed a lawsuit seeking to bar Trump from the 2024 ballot in Colorado under Section 3 of the 14th Amendment based on his alleged involvement in Jan. 6

CREW on Wednesday filed a lawsuit seeking to bar Trump from the 2024 ballot in Colorado under Section 3 of the 14th Amendment based on his alleged involvement in Jan. 6

  • admiralteal
    3•1 year ago

    Even if he were convicted, the 14th amendment clearly states that it is up to congress to pass laws to enforce the provisions. The SCOTUS would certainly interpret that to mean that it’s up to congress to disqualify. And if any lower court did kick him off the ballot, the SCOTUS would grant cert just to undo that.

    • sylver_dragonEnglish
      5•1 year ago

      Assuming Trump is convicted of “Rebellion or Insurrection”, the laws already exist to enact the prohibition on holding office. 18 USC 2383 specifically states:

      Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

      So, there is that. However, this lawsuit is completely out of order. For all the bad stuff Trump has done, he’s not been convicted of “Rebellion or Insurrection” yet. So, trying to apply this sort of prohibition to him is a bit premature.