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State Courts Grapple with Trump's Eligibility for Ballot Placement

Legal Challenges Cite 14th Amendment's Disqualification Clause in Wake of Jan. 6 Events

  • State courts in Minnesota, Michigan, Oregon, and Colorado are dealing with voter challenges to Donald Trump's eligibility to appear on primary ballots, citing the Disqualification Clause of the 14th Amendment.
  • The Disqualification Clause disqualifies from office any individual who took an oath to support the Constitution and then engaged in insurrection or rebellion against it.
  • A Colorado trial court concluded that the events of Jan. 6, 2021, were an insurrection and that former President Donald Trump engaged in it, but failed to rule for the voters on some questions of law about the provision's applicability to presidents and the presidency.
  • The Colorado Supreme Court heard oral argument in an appeal of this case, Anderson v. Griswold, mere days ago.
  • There are concerns that a ruling removing Trump from ballots might stoke violent reactions from Trump supporters.
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