The Evolution of Using the 14th Amendment Against Trump: From a ‘Pipe-Dream Fantasy’ to the Supreme Court

Credits: Newsweek

Numerous astute individuals foresaw the arrival of a day they believed would never materialize. This particular day is Thursday, a day when the Supreme Court is set to deliberate on arguments regarding the potential disqualification of former President Donald Trump from holding office due to his alleged involvement in the January 6, 2021, insurrection.

The justices are scrutinizing a groundbreaking ruling from Colorado’s highest court, which affirmed the applicability of the 14th Amendment’s “insurrectionist ban” to Trump.

The legal concept underpinning the lawsuit underwent a transformation over three years, evolving from a marginal idea into a successful case now reaching the apex of the judicial system.

Amendment Against Trump (Credits: The Washington Post)

The litigation faced formidable challenges, lacked direct precedent, and confronted a well-funded adversary, yet it emerged victorious in Colorado. Despite this triumph, many experts anticipate that the Supreme Court, with its conservative supermajority, will ultimately rule in Trump’s favor, especially given the ongoing 2024 primaries.

The high-stakes hearing scheduled for Thursday represents the culmination of an alliance of legal scholars from diverse political backgrounds, joining forces in a remarkably robust challenge against one of the most resilient politicians of our era.

Their strategy involved initiating test cases during the 2022 midterms, a move aimed at establishing legal precedent on the obscure constitutional provision that had remained largely untouched since 1919.

Methodically, they surveyed the nation to identify states with laws that could provide a viable avenue for a successful ballot challenge. Along the way, their contentious efforts garnered bipartisan support, receiving a significant boost from the House January 6 committee.

“People were saying it’s a pipe dream fantasy, silly, or too hard. But where would America be if we didn’t do hard things?” remarked Donald Sherman, the chief attorney at Citizens for Responsibility and Ethics in Washington (CREW), the organization behind the Colorado lawsuit.

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