14th Amendment Clause

The 14th Amendment includes a clause prohibiting those who engaged in insurrection against the U.S. from holding elected office.

State Rulings

 Various state courts and election officials have issued rulings on Trump's eligibility, with diverse outcomes.

Colorado and Maine Decisions

Colorado's Supreme Court and Maine's secretary of state ruled Trump ineligible, but these decisions are currently paused.

Insurrection Clause History

This clause was adopted post-Civil War to prevent Confederate leaders from regaining power.

Recent Application

 In 2022, a New Mexico county commissioner was removed from office under this clause.

Trump's Legal Defense

Trump argues that his actions don't constitute insurrection and claims First Amendment rights.

Different Interpretations

Legal opinions vary on whether a criminal conviction of insurrection is necessary for disqualification.

Litigation Drivers

Groups like CREW and individuals like John Anthony Castro are key in litigating against Trump's eligibility.

Supreme Court's Potential Role

The Supreme Court may be the final arbiter given the mixed rulings at state levels.

State-by-State Decision Unlikely

The Supreme Court's involvement is expected, as a state-by-state decision is almost certainly impractical.