Election officials in key battleground states are studying the legal viability of efforts to disqualify Donald Trump from running for president, based on the 14th Amendment’s ban on insurrectionists holding public office.
A post-Civil War provision of the 14th Amendment says any American official who takes an oath to uphold the Constitution is disqualified from holding any future office if they “engaged in insurrection or rebellion.” However, the Constitution does not spell out how to enforce this ban and it has only been applied twice since the late 1800s, when it was used extensively against former Confederates.
But most of their efforts got little traction. Their highly publicized attempts to remove GOP Reps. Marjorie Taylor Greene and Madison Cawthorn from the ballot were unsuccessful. The groups did, however, secure a couple legal victories that could help them as they zero in on challenging Trump’s ballot access in 2024 and they have argued that their case against Trump is stronger than the past cases given his indictments and direct connections to the insurrection.
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