Court hearings begin to bar ex-Prez Trump from presidential ballot under ‘insurrection’ clause

DENVER: The campaign to use the U.S. Constitution’s “insurrection” clause to bar former President Donald Trump from running for the White House again enters a new phase this week as hearings begin in two states on lawsuits that might end up reaching the U.S. Supreme Court.

A weeklong hearing on one lawsuit to bar Trump from the ballot in Colorado begins Monday, while on Thursday oral arguments are scheduled before the Minnesota Supreme Court on an effort to kick the former president off the ballot in that state.

Whether the judges keep Trump on the ballot or boot him, their rulings are likely to be swiftly appealed, eventually to the U.S. Supreme Court. The nation’s highest court has never ruled on the Civil War-era provision in the 14th Amendment that prohibits those who swore an oath to uphold the constitution and then “engaged in insurrection” against it from holding higher office.

“We’ve had hearings with presidential candidates debating their eligibility before Barack Obama, Ted Cruz, John McCain,” said Derek T. Muller, a Notre Dame law professor, listing candidates challenged on whether they met the constitutional requirement of being a “natural born citizen.” But these cases, Muller added, are different, using an obscure clause of the Constitution with the “incendiary” bar against insurrection.

Even if they’re longshots, Muller said, they have a plausible legal path to success and raise important issues.

“Those legal questions are very heavy ones,” Muller said.

Dozens of cases citing Section Three of the 14th Amendment have been filed in recent months, but the ones in Colorado and Minnesota seem the most important, according to legal experts. That’s because they were filed by two liberal groups with significant legal resources. They also targeted states with a clear, swift process for challenges to candidates’ ballot qualifications.

That means the Colorado and Minnesota cases are taking a more legally sound route to get courts to force election officials to disqualify Trump, as opposed to other lawsuits that seek a sweeping ruling from federal judges that Trump is no longer eligible for

the presidency.

The plaintiffs in the cases argue the issue is simple: Trump’s efforts to overturn his 2020 election loss, leading to the Jan. 6, 2021, attack on the U.S. Capitol, mean he’s disqualified from the presidency just as clearly as if he were not a natural-born citizen, another constitutional prerequisite for the office.

“Four years after taking an oath to preserve, protect and defend’ the Constitution as President of the United States ... Trump tried to overthrow the results of the 2020 election, leading to a violent insurrection at the United States Capitol to stop the lawful transfer of power to his successor,” alleges the Colorado lawsuit, filed on behalf of Republican and unaffiliated voters by the liberal group Citizens for Responsibility and Ethics in Washington.

“By instigating this unprecedented assault on the American constitutional order, Trump violated his oath and disqualified himself under Fourteenth Amendment from holding public office, including t that of the President.”