Former President Donald Trump is confronted with legal challenges questioning his eligibility for the 2024 ballot under the 14th Amendment.
As reported by CBS News on Friday, December 29, 2023, the crux of the matter revolves around Section 3 of the 14th Amendment, a seldom-invoked provision that has become the epicenter of an intensifying series of legal skirmishes nationwide.
Initiated shortly after the tumultuous events of January 6, 2021, when the U.S. Capitol was attacked, the liberal advocacy group Free Speech for People catalyzed the movement. Dispatching letters to election officials in all 50 states, they urged barring Trump from the 2024 ballot based on his alleged disqualification under the Constitution’s insurrection clause.
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The legal battleground has seen over two dozen cases filed in federal and state courts, notably led by a lesser-known Republican candidate, John Anthony Castro. While many of Castro’s cases have been dismissed, 14 states currently grapple with pending cases, as reported by Lawfare, a national security website tracking Section 3 cases.
Former President Donald Trump, speaking outside the courtroom after testifying at New York Supreme Court on Nov. 6, 2023. Eduardo Munoz Alvarez—AP
Colorado has emerged as a pivotal player in this legal fray. A group of voters successfully challenged Trump’s eligibility, securing the first victory under Section 3. The state’s Supreme Court ruled Trump disqualified from holding public office again, citing his involvement in the insurrection during the January 6 attack.
Despite the Colorado Republican Party’s appeal to the U.S. Supreme Court, the decision has temporarily halted Trump’s inclusion in the primary ballot.
Maine follows suit, with Secretary of State Shenna Bellows becoming the first to officially remove Trump from a primary ballot. Grounded in a public hearing where challenges were presented, Bellows, a Democrat, contends that Trump’s actions surrounding the Capitol attack render him ineligible for the presidency. She acknowledges the historical significance of her decision and suspends its effect pending potential appeals.
Former President Donald Trump addressing the crowd during a campaign event in Claremont, N.H. on Nov. 11, 2023. Scott Eisen / Getty Images
Other states, including California, Michigan, Minnesota, and New Hampshire, grapple with similar challenges and varied outcomes. California’s Lieutenant Governor Eleni Kounalakis seeks legal avenues to exclude Trump from the primary ballot, emphasizing the need to stand on the “right side of history.” However, decisions in Michigan and Minnesota favor Trump, ensuring his presence on the respective primary ballots.
