this post was submitted on 05 Jan 2024
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The case turns on the meaning of Section 3 of the 14th Amendment, ratified after the Civil War, which bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

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[–] [email protected] 5 points 10 months ago

This is the best summary I could come up with:


The Supreme Court on Friday agreed to decide whether former President Donald J. Trump is ineligible for Colorado’s Republican primary ballot because he had engaged in insurrection in his efforts to overturn the 2020 election.

The case turns on the meaning of Section 3 of the 14th Amendment, ratified after the Civil War, which bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Where Things Stand: Judge Tanya S. Chutkan rejected Trump’s claim of absolute immunity from prosecution in a case charging him with plotting to overturn the 2020 election, and the Supreme Court declined a request from Jack Smith, the special counsel, to hear an immediate appeal of that ruling.

The Colorado Supreme Court affirmed the first part of the ruling — that Mr. Trump had engaged in an insurrection, including by setting out to overturn the result of the 2020 presidential election; trying to alter vote counts; encouraging bogus slates of competing electors; pressuring the vice president to violate the Constitution; and calling for the march on the Capitol.

“President Trump asks us to hold,” the majority wrote in an unsigned opinion, “that Section 3 disqualifies every oath-breaking insurrectionist except the most powerful one and that it bars oath breakers from virtually every office, both state and federal, except the highest one in the land.

“Were we to adopt President Trump’s view,” the majority wrote, “Colorado could not exclude from the ballot even candidates who plainly do not satisfy the age, residency and citizenship requirements” of the Constitution.


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