Supreme Court to decide if insurrection clause can block Trump from Colorado ballot

Publish date: 2024-08-13

William Brangham:

Last December in Colorado was the first time a group of voters successfully won a case against Trump citing Section 3.

Even though Trump's legal team argued he was simply exercising his right to question the election and never urged anyone to commit violence, Colorado's Supreme Court, in a split decision, ruled Trump had engaged in an insurrection and ordered him struck from the state's Republican primary ballot.

Not long after, Maine's secretary of state also decided on similar grounds that Trump should be removed from that state's ballot. The U.S. Supreme Court will now try to settle what this 150-year-old provision means and whether it applies to Donald Trump .

The former president's legal team will argue that Donald Trump did not engage in an insurrection, that Section 3 isn't applicable because he hasn't been charged or convicted, and that Section 3 doesn't say the president is a — quote — "officer of the United States."

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