Colorado court noted that Trump had held a rally outside the White House and exhorted his supporters to “fight like hell” before they walked to the Capitol.
A two-sentence provision in Section 3 of the 14th Amendment states that anyone who swore an oath to uphold the Constitution and then “engaged in insurrection” against it is no longer eligible for state or federal office. After Congress passed an amnesty for most of the former confederates the measure targeted in 1872, the provision fell into disuse until dozens of suits were filed to keep Trump off the ballot this year. Only the one in Colorado was successful.
The high court’s decision to intervene, which both sides have called for, is the most direct involvement in a presidential election since Bush v. Gore in 2000, when a conservative majority effectively decided the election for Republican George W. Bush. Only Justice Clarence Thomas remains from that court.
Three of the nine current Supreme Court justices were appointed by Trump, though they have repeatedly ruled against him in 2020 election-related lawsuits, as well as on his efforts to keep documents related to Jan. 6 and his tax returns from being turned over to congressional committees.
http://linkedin.com/in/jonathan-mitchell-68340792
Jonathan Mitchell is attorney to former President Donald Trump.