On December 19, 2023, the Colorado Supreme Court announced former President Donald Trump ineligible for the state’s primary this year. “A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote (AP News). With the court divided 4-3, the ruling caused a commotion among political leaders and voters across the nation. 

The Colorado ruling stemmed from Trump’s alleged role in the January 6th insurrection, a riot in the Capitol building led by a mob of Trump supporters after his defeat in the 2020 presidential election. Trump allegedly violated Section 3 of the 14th Amendment which prohibits from office anyone who has taken oath to “support” the Constitution if they have been involved in an “insurrection or rebellion.” After a week-long hearing in November of 2023, District Judge Sarah B. Wallace was successfully able to cite Trump’s involvement in the January 6th insurrection. The event marked the first ruling made under Section 3. However, Trump’s attorney argued and convinced Wallace that because Section 3 states “officers of the United States” who take an oath to “support” the Constitution, it does not apply to the President as he is not considered an “officer” (AP News). The higher courts disagreed and found this argument illogical as they believed that the writers of the 14th Amendment would have applied the provision to the highest leader in the country, given its history in the American Civil War.

After three long weeks of anticipation, on January 4th, the Colorado Republican Party and Trump arrived in the US Supreme Court in efforts to plead their case. In his statement, Trump wrote that he merely encouraged his supporters to protest “peacefully and patriotically,” not to enter the Capitol. However, the six Colorado voters who prevailed in the Colorado Supreme Court were not convinced and disagreed with his appeal of not being involved in the insurrection. “Based on the facts found by the trial court, Trump’s intentionally mobilizing, inciting, and encouraging an armed mob to attack the United States Capitol on January 6 satisfies the legal definition of ‘engaging in insurrection,’” the voters’ brief stated to the US Supreme Court justices (New York Times). The justices have only agreed to review Trump’s petition and have set up an oral argument on the current situation in a month. 

Currently, Maine is the second state, after Colorado, to have removed Trump from the 2024 presidential primary ballot. In Illinois and Massachusetts, the case is still pending for review. Oregon, Minnesota, Michigan, and California have all ruled in favor of Trump and have kept his name on the ballot (The Washington Post). 

The interpretation of Section 3 of the 14th Amendment has been up for debate in many states across the nation and has resulted in mixed reactions on Trump’s status on the ballot. David Becker, leader of the Center for Election Innovation & Research, states on NPR that “the 14th Amendment specifically says engages in insurrection. It doesn't say convicted of insurrection.” Due to the plain language of the Constitution, it's difficult to see where the GOP primary battle will go. “It really highlights the fact that in this decentralized way we hold elections with different laws all over the country that apply to ballot access, it's really important for the United States Supreme Court to weigh in on this. They are the ultimate arbiter of what the United States Constitution says,” remarks Becker (NPR).

The former President Trump has faced many challenges under the 14th Amendment, winning several of them. With this next challenge to his electoral prospects, the nation is on the edge of their seats waiting to see what happens next. 

Sources retrieved from AP News, New York Times, NBC News, The Washington Post, and NPR.