More 2024 weirdness: The post-14th Amendment primary
Yesterday, the Supreme Court rejected the legal arguments claiming that Trump could be disqualified from running for president in 2024 because of his connection to the Jan. 6 insurrection at the U.S. Capitol. Section 3 of the 14th Amendment states that anyone who held a public or constitutional office and has engaged in insurrection is ineligible to hold office in the future, unless Congress passes a law stating otherwise. Section 5 says that Congress can also pass laws to enforce any of the provisions in the amendment. Lawsuits in several states came forward to disqualify Trump on these grounds.
But until recently, very few people had given much thought to this part of the 14th amendment since the years immediately following the Civil War. Legal scholars brought up a couple of ambiguities — did it apply to the presidency, since a number of offices are named, but not the president? Do we have an agreed upon definition of what counts as participating in an insurrection and whether Trump did that in 2021? (Spoiler alert: No.)
The Supreme Court ruled unanimously that the state of Colorado could not disqualify Trump, though there were disagreements about how far to take that ruling. A majority held that Congress would need to pass a law in order to enforce Section 3. Though the unanimity of the ruling papered over some of the partisan politics, the timing was impossible to separate from political considerations, since it came just in time for today’s big round of contests.
—Julia Azari, 538 contributor
