The Challenge of Enforcing Section 3 of the 14th Amendment

Enforcing Section 3 of the 14th Amendment presents numerous challenges as it pertains to disqualifying individuals, such as Donald Trump, who have engaged in insurrection from holding office. One potential avenue for enforcement discussed is the historic common law writ of Quo Warranto, authorized by the Enforcement Act of 1870. An example cited was the County Commissioner in New Mexico being disqualified under Quo Warranto for participating in the January 6th events. However, the complexities arise as this writ typically applies to individuals already in office, raising questions on how it would be used preemptively to prevent individuals from being on the ballot.