The justices appealed to the 14th Amendment to the Constitution in a ruling unprecedented in American history. The 14th Amendment, ratified after the Civil War, says that any person who has taken an oath to support the Constitution and has «engaged in insurrection or rebellion» or has «given aid or comfort» to the enemies of the United States is disqualified from holding any federal or state office. However, the amendment does not specify how to enforce this ban, and it has rarely been applied in US history.
The ruling came after a week-long trial in Denver, where a group of Colorado voters, represented by the nonpartisan organization Free Speech for People, presented evidence and testimony that Trump incited and participated in the violent mob that stormed the Capitol on January 6, 2021. The mob tried to stop Congress from certifying Joe Biden's victory.
The court's decision is the first of its kind in the nation and could have significant implications for the 2024 presidential election. Trump remains the frontrunner for the Republican nomination and has not ruled out running again. According to a poll conducted in August 2023, Trump leads Biden by 47% to 43% among registered voters nationwide. However, Trump also faces legal challenges in other states, such as New York and Georgia, where he is accused of tax fraud and election interference, respectively. Some legal experts believe Trump could be disqualified under section 3 of the 14th amendment, which has never been tested in court before.
The outcome of the legal battles over Trump's eligibility for the 2024 election could have a significant impact on the future of American democracy. Whether Trump will be allowed to run again, and whether he will win or lose, will depend on how the courts, the Congress, the states, and the voters interpret and apply the 14th Amendment's insurrectionist ban.