The Bombshell Colorado Verdict

Section 3 of the 14th Amendment says:

No person shall be a Senator or Representative in Congress, or an elector of the President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath , as a member of Congress, or as an officer of the United States, or as a member of a state legislature, or as an executive or judicial officer of any state, in support of the Constitution of the United States, has been engaged in insurrection or rebellion against the same, or aid or comfort given to the enemies thereof. But Congress, by a vote of two-thirds of each House, can remove such a disability.

The provision was written after the Civil War to prevent members of the Confederacy from holding office. “This is a provision of the Constitution that we didn’t expect to see us using again,” said Jessica Levinson, a professor at Loyola Law School.

The Colorado case revolved around several questions:

• Was it an insurrection when Trump supporters stormed the Capitol on January 6, 2021, in an attempt to stop the certification of the 2020 election?

• If so, did Trump engage in that insurrection through his advance messages to his supporters, his speech that morning, and his Twitter posts during the attack?

• Do courts have the authority to enforce Section 3 of the 14th Amendment without congressional action?

• And does Article 3 apply to the presidency?

The majority of Colorado judges concluded that the answer to each of these questions was yes. The three dissenting judges from Colorado dissented on procedural grounds, concluding that the court had exceeded its authority.

“Even if we are convinced that a candidate has committed terrible acts in the past – dare I say, engaged in insurrection – there must be due process before we can declare that person disqualified from holding public office” , judge Carlos Samour Jr. wrote. his dissent.

How will the Supreme Court rule?

Trump has said he will immediately appeal the ruling to the U.S. Supreme Court. It may take some time for the justices to address the case’s many interlocking legal issues, which are new, complex and extremely consequential.

The judges, who are expected to rule on other lawsuits involving Trump in the run-up to the election, may be reluctant to deprive voters of the decision on how to judge Trump’s behavior.