House Dems immediately work to legislatively disqualify Trump from presidency for 'insurrection' following Supreme Court's unanimous 14th Amendment ruling

 March 6, 2024

The U.S. Supreme Court ruled unanimously on Monday that only Congress, and not individual states, can deem a presidential candidate, such as former President Donald Trump, disqualified from holding office under the "insurrection and rebellion" clause of Section 3 of the 14th Amendment of the U.S. Constitution.

While some Trump-hating Democrats wailed and moaned about the court's decision, others, such as Rep. Jaime Raskin (D-MD), immediately got to work to officially declare Trump disqualified from holding office again legislatively, the Daily Mail reported.

Raskin's apparent plan is to resurrect legislation to that effect that was first filed in 2022 when Democrats controlled the House, though any such effort will likely face an uphill climb even to get brought up for a vote, much less be passed into law, so long as Republicans maintain control of the lower chamber of Congress.

Plan to legislatively disqualify Trump from the presidency

The New York Post reported that Rep. Raskin, the ranking Democrat on the House Oversight Committee who previously served as a House impeachment manager against then-President Trump as well as the now-defunct Jan. 6 Select Committee, revealed his plans to legislatively disqualify Trump from holding the presidency again during a Monday appearance on CNN.

"In any event, the Supreme Court punted and said it’s up to Congress to act," Raskin said of the unanimous ruling. "I am working with a number of my colleagues, including Debbie Wasserman Schultz (D-FL) and Eric Swalwell (D-CA), to revive legislation that we had to set up a process by which we could determine that someone who committed insurrection is disqualified by Section 3 of the 14th Amendment."

"The House of Representatives already impeached Donald Trump for participating in insurrection by inciting it," the Maryland Democrat observed in the CNN interview, according to Newsweek. "So, the House has already pronounced upon that, and there was also a 57 to 43 vote in the Senate."

"The question is whether Speaker Mike Johnson (R-LA) would allow us to bring this to the floor of the House," Raskin added.

"I'm working on it -- today"

Rep. Raskin also shared his plans with Axios and told the outlet that, following the Supreme Court's ruling that bars individual states from unilaterally disqualifying presidential candidates under the 14th Amendment, "Congress will have to try and act," and noted, "I'm working on it -- today."

He pointed to legislation he cosponsored in 2022 with Rep. Wasserman Schultz that would create a process for the U.S. attorney general, or really any private person who can prove "harm," to pursue a civil lawsuit in the D.C. courts to have a candidate declared disqualified from holding the presidency under the terms of the 14th Amendment.

The legislation further declares the Jan. 6 Capitol riot of 2021 to be an "insurrection," and any "participant" connected to it guilty of having "engaged in insurrection" under the 14th Amendment's terms, and also makes it a federal offense, punishable by a fine plus a year in jail, for any "chief State election official" to place on any ballot any candidate deemed to be disqualified under the 14th Amendment by the courts.

Effort would top a "huge list of priorities" for a Democratic House majority

Rep. Raskin told Axios that the resurrected bill would likely also be paired with a 2022 resolution he cosponsored with Wasserman Schultz that definitively declared the Jan. 6 Capitol riot an "insurrection" and all who "participated," "conspired," or "attempted" to obstruct the congressional certification of the 2020 election that day to be disqualified from holding any office, including the presidency, under the 14th Amendment.

"We are going to revise it in light of the Supreme Court's decision," the Democratic congressman said of the old legislation, though he acknowledged, "I don't have a lot of hope that Speaker Johnson will allow us to bring enforcement legislation to the floor, but we have to try and do it."

He added that, should Democrats regain control of the House in November's elections, this revived legislation would be "one on a huge list of priorities" the new majority would pursue, and said, "It's clearly something that we need to focus on."

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