14th Amendment ballot cases likely headed to Supreme Court

 November 7, 2023

Cases in several states attempting to use the 14th Amendment to remove former President Donald Trump's name from the ballot are likely to end up at the Supreme Court for urgent review, says the attorney leading the attempts. 

"This question needs to be decided ideally before any ballots are printed, and I hope and expect it will be decided in our favor," chairman and senior legal advisor of Free Speech for People Ben Clements said, adding that he thinks there's a "very good chance" rulings will happen before the end of the year.

Cases are underway in Colorado and Minnesota, with an initial ruling in Colorado expected this month.

A similar case in Michigan will get underway this week.


The cases are using as their foundation Section 3 of the 14th Amendment, which reads,

No person shall be a Senator or Representative in Congress, or elector of 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 any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Obviously, the case is problematic because Trump has not been found guilty of any "insurrection or rebellion," and that is not likely to happen by the time these cases are adjudicated.

These facts may not stop left-wing courts from ruling on the basis of accusations that Trump instigated what Democrats and the left call the "insurrection" of January 6, 2021, when a thousand or two people stormed into the Capitol building and wandered around for a few hours committing minor vandalism.

I call it a "breach" in most of my articles because it's obvious that the protesters were not trying to take over the building and were not an organized bunch with any kind of plan once they got in.

It was definitely not an insurrection, or the police would not have been able to clear the building within a few hours and get Congress back to business.

Field Day

The urgency of ballot printing for primary contests may lead to faster appeals, or the rulings may come after GOP voters have likely selected Trump as their preferred candidate.

Timing is important with primary voting beginning in just a few months. While Colorado has the earliest primary of the three states in question, on June 25, removing Trump from the ballot in even one state could cause the Republican Party apparatus to reconsider making him the GOP nominee.

That the party even needs to consider such an action is mind-boggling because it's so obvious that there are not any real grounds to remove Trump.

The conservative Supreme Court Trump had a major hand in fashioning should have a field day with the lower courts' lack of logic if they do rule affirmatively on taking Trump off the ballot on these grounds.

I'm sure Trump is smiling just thinking about it.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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