Illinois judge says 14th Amendment bars Trump from 2024 primary ballot

The U.S. Supreme Court is currently considering the broader dispute.

February 28, 2024, 8:04 PM

A judge in Cook County, Illinois, on Wednesday ruled that Section 3 of the 14th Amendment, also known as the "insurrection clause," bars former President Donald Trump from the 2024 Republican primary ballot.

The order overrules a January determination from the Illinois State Board of Elections that Trump could remain eligible.

Cook County Circuit Judge Tracie Porter placed an immediate stay on her decision until Friday "in anticipation of an appeal to the Illinois Appellate Court, First District, or the Illinois Supreme Court."

A Trump spokesman responded in a statement, calling Porter's ruling "unconstitutional" and adding, "We will quickly appeal."

Free Speech for People, a watchdog group helping to represent the group of voters who brought the 14th Amendment challenge in Illinois, billed the decision as a "historic victory."

Porter's ruling is the latest in a string of conflicting decisions around the country about Trump's eligibility under the 14th Amendment. The dispute is expected to be settled by the U.S. Supreme Court.

PHOTO: Former President Donald Trump arrives at the New York State Supreme Court during the civil fraud trial against the Trump Organization, in New York City on Dec. 7, 2023.
Former President Donald Trump arrives at the New York State Supreme Court during the civil fraud trial against the Trump Organization, in New York City on Dec. 7, 2023.
Eduardo Munoz Alvarez/POOL/AFP via Getty Images, FILE

Supporters of the disqualification push argue Trump's conduct after he lost the 2020 election to Joe Biden, including his actions related to Jan. 6, should make him ineligible to hold office again.

Trump denies all wrongdoing and has called the 14th Amendment challenges anti-democratic.

During more than two hours of oral argument before the Supreme Court early this month in the historic case Trump v. Anderson, each of the nine justices expressed skepticism that an individual state has the authority to deny a candidate for federal office access to the ballot as an "insurrectionist."

Porter noted on Wednesday that her order is stayed if the Supreme Court rules inconsistent with her decision.

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