Trump’s fight to stay on 2024 election ballot threatens to turn Constitution’s insurrection clause into ‘historical ornament,’ experts say

Former President Donald Trump speaks in Clinton Township, Mich., Wednesday, Sept. 27, 2023. (AP Photo/Mike Mulholland)

More than two years after rioters stormed the U.S. Capitol and the tradition of America’s peaceful transfer of presidential power was broken, the question of whether the man at the center of that day — Donald Trump — should have his name on the ballot for the 2024 presidential race is looming larger than ever.

In the days ahead, a tug-of-war over this historic legal question is poised to grow more intense.

Over a dozen entities or individuals across the United States have filed lawsuits to strike Trump from the ballot by way of Section III of the Fourteenth Amendment – known simply as the Constitution’s insurrection clause. But out of the many plaintiffs who have filed complaints, two groups in two states appear to have the legal heft to go the distance and take the fight to the U.S. Supreme Court: Citizens for Responsibility and Ethics in Washington (CREW), which has filed in Colorado, and Free Speech for the People, which filed litigation in Minnesota.

Trump’s conduct on Jan. 6, such as his remarks from the Ellipse where he whipped supporters into a frenzy while regurgitating his by then months-old — and widely disproven — message that the 2020 election was “stolen” due to fraud, is just one aspect binding together these two respective bids to bump Trump from the ballot.

The groups point to Trump’s alleged intimidation of state legislatures, election officials, and workers as well his pressure campaign on then-Vice President Mike Pence to overturn the results during the congressional session to certify President Joe Biden’s electoral victory, despite having no legal authority to do so. The filings also note Trump’s refusal to call off the rioters for a span of nearly three hours, as well as his solicitations on social media for supporters to attend a “wild” rally protesting the so-called “rigged” election. And then there are Trump’s alleged schemes to subvert the election results — something he is also criminally indicted for in both the District of Columbia and Georgia — and how those efforts brought the congressional proceedings undergirding the transfer of power to a standstill for hours on Jan. 6.

Similarly, the groups respectively contend that while Trump himself did not “engage” in violence directly on Jan. 6, he never needed to in order to be disqualified under Section III.

“Indeed, Jefferson Davis, the president of the Confederacy, never fired a shot,” counsel for Free Speech for the People wrote in its petition to the Minnesota State Supreme Court.

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