Section 3 of the Fourteenth Amendment bars insurrectionists from public office. Newsweek’s Andrew Stanton reported that, since 2020, at least 134 Republicans have allegedly faced legal questioning based on this amendment.
Main target
Section 3 has been the basis for multiple challenges against former President Donald Trump. While some have failed, others are still in progress, and both Colorado and Maine have ruled that Trump is ineligible to appear on the ballot.
Insurrectionist
The crucial question is whether the actions of Trump and the other targeted Republicans amount to having “engaged in insurrection or rebellion” against the US, which is the specific wording of Section 3 of the Fourteenth Amendment.
Active participant?
“Trump’s intentionally mobilizing, inciting, and encouraging an armed mob to attack the United States Capitol on Jan 6 satisfies the legal definition of ‘engaging in insurrection,’” stated a brief from the Colorado case.
Unprecedented
“I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment,” wrote Maine Secretary of State Shenna Bellows, who ruled that Trump was ineligible to appear on the ballot. “I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.”
Escalation
Trump has appealed the decision in both cases. On Jan 5, the Supreme Court agreed to rule on the Colorado case. Justices are expected to issue their judgment any day now.
Others involved
Trump is far from the only person to have participated in attempts to question or overturn the 2020 election. For example, around 900 people have been charged for participating in the Jan 6 riots.
Pending judgment
Of the 134 Republicans allegedly facing legal challenges based on their alleged participation in insurrection, only one has actually been disqualified from office. Couy Griffin, Otero County commissioner and leader of the Cowboys for Trump group was removed and banned from holding office again in September.
Firm ruling
“This is a historic win for accountability for the Jan 6 insurrection and the efforts to disrupt the peaceful transfer of power in the United States. Protecting American democracy means ensuring those who violate their oaths to the Constitution are held responsible,” stated Noah Bookbinder, the president of the watchdog group Citizens for Responsibility and Ethics in Washington, after the ruling against Griffin.
Upholding the Constitution
“This decision makes clear that any current or former public officials who took an oath to defend the US Constitution and then participated in the Jan 6 insurrection can and will be removed and barred from government service for their actions,” Bookbinder continued.
Not just Jan 6
While hundreds of individuals have been convicted for crimes relating to their participation in the Jan 6 insurrection, many of the legal cases against Republican lawmakers were launched before the riot took place.
Efforts to overturn
Some Republican members of Congress reportedly supported lawsuits that would have overturned the results of the 2020 election if successful. Democratic lawmakers have called for their removal from Congress.
Clear call
“Stated simply, men and women who would act to tear the United States government apart cannot serve as Members of the Congress,” Rep. Bill Pascrell wrote in a letter to Nancy Pelosi in which he urged the then-House Speaker to unseat the 126 GOP lawmakers who supported a lawsuit challenging votes in key battleground states won by Biden.
Dangerous game
“These lawsuits seeking to obliterate public confidence in our democratic system by invalidating the clear results of the 2020 presidential election attack the text and spirit of the Constitution, which each Member swears to support and defend, as well as violate the Rules of our House of Representatives, which explicitly forbid Members from committing unbecoming acts that reflect poorly on our chamber,” Pascrell argued.
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