Morning Wire Trump's Legal Troubles | 1.1.24
Jan 1, 2024
Various states are attempting to disqualify Donald Trump from the ballot under the 14th Amendment's insurrection clause. A legal expert shares insights on the Colorado Supreme Court's ruling that declared Trump ineligible, highlighting the contentious interpretation of historical laws. The possibility of the Supreme Court getting involved raises questions about the intersection of political motives and legal precedents. Unique state laws, particularly in Maine, add complexity, demonstrating the urgent need for clarity on candidate eligibility in upcoming elections.
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14th Amendment's Insurrection Clause
- Section 3 of the 14th Amendment was designed to prevent those who engaged in insurrection from serving in government.
- This post-Civil War amendment is less known than the Equal Protection and Due Process Clauses.
Colorado Supreme Court Ruling
- The Colorado Supreme Court ruled that Trump's actions on January 6th constituted giving "aid or comfort" to insurrectionists, thus barring him from the ballot.
- They interpreted "office" in Section 3 to include the presidency, despite a lower court's disagreement.
Supreme Court's Role
- The Supreme Court likely wants to avoid deciding on Trump's ballot eligibility due to the potential political backlash.
- However, the need for a national standard may force their involvement.