Trump Disqualification Tracker | Lawfare

Two prominent lawyers - the corporate lawyer (GC of Boeing), former  U.S. Court of Appeals  Judge J. Michael Luttig and the eminent liberal constitutional Harvard law professor Laurence H.Tribe have together argued that the 14th Amendment to the Constitution bars Donald Trump from taking office because he led an insurrection.

Much litigation has followed.  The Brookings Institution publication Lawfare has created a resource page to track the issue,

Amendment XIV

Constitution of the United States

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Trump Disqualification Tracker | Lawfare

Today, Lawfare is launching the Trump Disqualification Tracker—a page created by

@hyeminjhan

and Caleb Benjamin to track challenges in the states to remove Trump from the 2024 ballot under Sec. 3 of the 14th amendment.

Almost immediately after Jan. 6, 2021, legal commentators began debating whether Section 3 of the 14th Amendment could be used to disqualify former President Donald Trump from running in the 2024 presidential election. They discussed, in particular, whether or not Section 3 applied to a former president, whether it is self-executing, and whether Jan. 6 could be considered an insurrection or rebellion. 

Since then, the issue has become less abstract. In February 2021, the U.S. Senate acquitted Trump of an impeachment article for inciting insurrection, but with a bipartisan majority of the Senate voting to convict. Section 3 challenges have been mounted against several legislators, and one state-level county commissioner who participated in the attack was successfully ousted from his post under that provision.  In addition, the House Select Committee on the Jan. 6 Attack on the Capitol made the argument that Trump did inspire an insurrection, referring him to the Justice Department for prosecution under multiple criminal statutes, including one prohibiting insurrection. The Special Counsel’s Office has since brought a criminal case in Washington, D.C. charging Trump for his role in the Jan. 6 attack. In addition, some prominent legal conservatives have argued for a strong, originalist reading of Section 3 that they argue would apply to Trump, immediately disqualifying him from office.

Beginning with a case in Florida in February 2023, voters and advocacy groups have brought many Section 3 challenges in state and federal courts across the country, attempting to block Trump’s name from appearing on ballots for state primaries and caucuses before the national election begins. This page is intended to track which states have active Section 3 litigation to remove Trump from the 2024 ballot. At the bottom is a selected reading of Lawfare's coverage on the issue. 

Note that the procedural posture and legal theories behind these challenges vary greatly, and a dismissal in any particular action does not necessarily bar other challenges from being brought in that same state.

A contrary view by conservative former judge Michael McConnell