Supreme Court hears historic Trump 14th Amendment case: Key moments

The outcome could have major ramifications for the 2024 election.

The U.S. Supreme Court on Thursday heard a historic case challenging Donald Trump's ability to hold office again over his role in the Capitol attack on Jan. 6, 2021.

Trump asked the justices to overturn an unprecedented Colorado Supreme Court decision deeming him ineligible to appear on the state's GOP primary ballot because, it said, he "engaged in insurrection." Trump has long denied any wrongdoing.

The legal battle centers on a previously obscure provision of the Constitution's 14th Amendment -- Section 3 -- ratified shortly after the Civil War.


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What Americans think SCOTUS should do with Trump ballot challenges

An ABC News/Ipsos poll found a majority of Americans (56%) were willing to see Trump disqualified in all or some states: 30% said the U.S. Supreme Court should bar him completely and 26% said it should let each state decide.

Thirty-nine percent said the U.S. Supreme Court should keep Trump on the ballot in all states.

Americans were split on the decisions out of Maine and Colorado to bar Trump from the ballot: 49% supported them while 46% were opposed.


What to know about the arguments

There are 80 minutes total allotted for arguments but the court is expected to go over that timeframe.

A number of questions are likely to be debated: Is Trump an “officer” of the United States to whom Section 3 applies; who can enforce Section 3; and did Trump engage in an insurrection?

Trump is being represented by Jonathan Mitchell, a former clerk to Justice Antonin Scalia. The Colorado voters are being represented by Jason Murray, a former clerk to Justice Elena Kagan and Justice Neil Gorsuch.

Read more about what to expect here.


Trump attorney: State officials can't disqualify even if candidate is 'admitted insurrectionist'

Mitchell, continuing to argue Congress must enforce Section 3, argued state officials can't take action even if a candidate were to openly acknowledge they participated in an insurrection against the United States.

"Because even if candidate is an admitted insurrectionist, Section 3 still allows the candidate to run for office and even win election to office and then see whether Congress lifts that disability after the election," Mitchell said.

"This happened frequently in the wake of the 14th Amendment, where confederate insurrectionists were elected to Congress, and sometimes they obtained a waiver, sometimes they did not," he continued.