Some opponents of Donald Trump say that the former president will be disqualified from the presidency as a result of Capitol riots case, when supporters of former President Donald Trump stormed the Capitol.
They contend that his acts that day amounted to “insurrection,” as defined by the 14th Amendment to the US Constitution.
In this article, we examine this legal argument and analyse its likelihood of preventing Trump from being the Republican presidential nominee in the November 2024 election.
Capitol riots case and disqualification
According to legal experts, Capitol riots case may disqualify Trump from the president. They allude to his moving speech to his supporters, who then stormed the Capitol in an attempt to prevent President Joe Biden’s election victory from being declared.
This argument is based on Section 3 of the 14th Amendment, a post-Civil War clause that prohibits government officials who have “engaged in insurrection or rebellion” from holding public office.
On September 6, an advocacy organisation called Citizens for Responsibility and Ethics in Washington filed a lawsuit in Colorado.
Using Section 3, this lawsuit aims to block the state’s top election official from having Trump on the ballot in the 2024 election.
This action might launch a multi-state legal dispute, posing a largely untested legal matter with important implications for federal office eligibility.
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It’s worth noting that Trump has not been convicted of inciting insurgency. On January 6, the House of Representatives indicted him with instigating an insurgency in his second impeachment, but Senate Republicans narrowly acquitted him.
Trump is currently facing four criminal charges, two of which are related to his false accusations of electoral fraud rather than insurgency or revolt.
Some legal experts warn that efforts to disqualify Trump on the basis of these allegations could establish a dangerous precedent.
Such acts could give state election authorities the power to disqualify candidates unilaterally based on their interpretations of “insurrection or rebellion,” thereby breaching candidates’ 14th Amendment rights to due process and equal protection.
Mechanics of disqualification
The 14th Amendment’s Section 3 lacks a defined enforcement mechanism. Some legal specialists think that it would require a congressional act to be implemented.
Others argue that state election authorities are required to use it while vetting candidates for the ballot and can be ordered to do so by a court of law.
To succeed, supporters would need to persuade officials in Republican-leaning states to keep Trump off the ballot, depriving him the 270 Electoral College votes required for victory.
This endeavour would almost certainly trigger legal challenges from Republicans.
Historical context
Section 3 was used to disqualify some individuals from holding public office in the aftermath of the American Civil War (1861-1865), but it has since lapsed.
However, in September 2022, the same advocacy group that successfully kept Trump off the Colorado ballot persuaded a New Mexico judge to remove a county commissioner for his involvement in the January 6 insurgency.
The feasibility of this effort is still in doubt. It would require convincing or pressuring election officials in states run by Trump’s Republican allies to keep Trump off the ballot, which might lead to a lengthy court struggle.
Finally, the decision could be decided by the US Supreme Court, which currently leans conservative and includes three Trump appointments.
