A decision on former U.S. President Donald Trump’s eligibility to run for a second term next year appears to be headed for the U.S. Supreme Court following a shock ruling by the state Supreme Court in Colorado late Tuesday.
In a decision that differed from rulings by several other state courts, the Colorado court found that Trump supported an insurrection against the U.S. Constitution on January 6, 2021, and is therefore disqualified from holding public office.
The 4-3 ruling, which applies to Section 3 of the 14th Amendment known as the “disqualification clause” or the “insurrection clause,” requires Colorado’s secretary of state to exclude Trump from the state’s Republican primary in March 2024.
“We do not reach these conclusions lightly,” the court said in its unprecedented verdict. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
The ruling says Trump is “disqualified from holding the office of the president” but it does not state whether the decision applies to the general election.
Trump’s campaign called the decision “undemocratic” and vowed a swift appeal to the U.S. Supreme Court, whose 6-3 conservative majority includes three Trump appointees.
The Colorado judges put their ruling on hold until January 4, 2024, to allow for appeal. Until then, Trump’s name can remain on the state’s primary ballot.
Here is what you need to know about the 14th Amendment and its provisions.
What is the 14th Amendment?
The 14th Amendment is one of three amendments to the U.S. Constitution — including the 13th and 15th amendments — that were enacted after the Civil War to extend civil and legal rights to formerly enslaved Black people. It is best known for its Section 1, which grants citizenship to "all persons born or naturalized in the United States" and guarantees citizens the "equal protection of the laws."
When was the 14th Amendment passed?
Congress passed the amendment in 1866, and the states ratified it in 1868.
What is Section 3 of the amendment?
The less-well-known Section 3 states that no one who took an "oath … to support the Constitution of the United States" and then "engaged in insurrection or rebellion" against the Constitution or gave "aid or comfort to [its] enemies" can serve as a senator, representative or presidential elector or hold any office — civil or military — unless approved by a supermajority vote of Congress.
How has the provision been used in the past?
In the years after the Civil War, a period known as the Reconstruction Era, Section 3 was used to prevent former Confederate officials from holding office. But the measure remained largely dormant for more than 150 years until the January 6, 2021, riots, in which supporters of Trump stormed the U.S. Capitol to disrupt the congressional certification of Joe Biden’s victory.
Following that attack, liberal groups sought to use the provision to challenge the eligibility of several congressional candidates who had opposed the 2020 election results. The effort failed to gain traction. The only successful application of Section 3 occurred in September 2022, when a New Mexico judge removed from office a county commissioner who had been convicted in connection with January 6.
Does the provision apply to US presidents?
Section 3 does not explicitly mention whether the president is subject to disqualification, leading some experts to argue that the presidency is exempt.
But that is a misreading of the text and history of the provision, said Gerard Magliocca, an Indiana University law professor who has written extensively about Section 3.
"This issue was raised in Congress when the proposal was under consideration," Magliocca told VOA in an interview in September. "Someone said, ‘Does this apply to the presidency or the vice presidency?’ And the answer given was, ‘Yes, it does.’"
What is more, Magliocca said, the phrase "officer of the United States," as used in Section 3, refers to the president, making him subject to the disqualification provision.
"Andrew Johnson, who was president at the time, repeatedly referred to himself as the chief executive officer of the United States in asserting his authority to pursue Reconstruction in the aftermath of the Civil War in 1865," Magliocca said.
What happens next?
Similar lawsuits regarding Trump’s eligibility have been filed in 16 states. Suits in Michigan, Minnesota and New Hampshire were rejected in court.
If the U.S. Supreme Court agrees to take up Trump’s expected appeal, its ruling could apply to the general election, potentially affecting the pending cases in these states.