In December, the Colorado Supreme Court ruled that former President Donald Trump was barred from the state’s presidential primary ballot under Section 3 of the 14th Amendment. The case went before the U.S. Supreme Court Feb. 8, and the justices sounded skeptical about the arguments to remove Trump from the ballot.
The last time the Supreme Court played such a pivotal role in the presidential race was in 2000, when the justices ruled 5-4 to end a Florida recount, sealing the election for George W. Bush over Al Gore. Several constitutional law scholars told PolitiFact they sensed that the court would rule that Trump could stay on the ballot, perhaps with two or fewer dissents.
In 1872, Congress granted amnesty to most officials covered by Section 3, and in 1898, another statute lifted the remaining prohibitions. Section 3 was rarely invoked in the 20th century.4-3 to disqualify Trump from the presidential primary ballot under Section 3 of the 14th Amendment. The court concluded that Trump had engaged in an insurrection on Jan. 6, 2021.
That drew rebuttal from Justice Ketanji Brown Jackson, who said,"Your point is that a chaotic effort to overthrow the government is not an insurrection?""The events were shameful, criminal, violent, all of those things, but did not qualify as insurrection as that term is used in Section 3," he said."There is no possible rationale for such an exemption," Murray said.
"It will come down to just a handful of states that are going to decide the presidential election," Roberts said."That's a pretty daunting consequence."
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