Decision of the U.S. Secretary of Homeland Security Regarding Trump

The Democratic Secretary of State of Maine, Shenna Bellows, decided on Thursday to disqualify former President Donald Trump from running in the 2024 presidential elections under the Fourteenth Amendment, which prevents “insurrectionists” from holding public office. This makes Maine the second state to decide against Trump after challengers across the country sought to keep him off the ballot based on his role in the January 6 riots.

The Decision in Maine

The Secretary of State of Maine, Shenna Bellows, announced on Thursday that Trump is “unqualified” to be president under the Fourteenth Amendment due to his role in inciting the January 6 riots, in response to multiple challenges to his candidacy. However, Trump will currently remain on the ballot, as the decision is suspended pending an appeal and a ruling from the state court regarding the appeal.

The Decision in Colorado

The Colorado Supreme Court ruled 4-3 in December that Trump “participated” in the insurrection and, therefore, must be removed from the state’s ballot, a decision reflecting a previous ruling by a lower court. Nevertheless, Trump will remain on the ballot, and the court’s ruling will not be enforced until the U.S. Supreme Court issues a decision on this matter, as the Colorado Republican Party has appealed the case to the Supreme Court.

The Decision in Florida

The federal judge in Florida, appointed by former President Barack Obama, was the first to reject a major lawsuit based on the Fourteenth Amendment, ruling in August that the lawyer and other voters challenging Trump’s candidacy did not have the right to file the lawsuit, but he did not make any rulings on Trump’s qualifications for running for office under the Fourteenth Amendment.

The Decision in Michigan

A judge in Michigan ruled in November that Trump could remain on the ballot in Michigan, as the judge determined that Trump followed state law in qualifying for the primaries, and it should be Congress’s prerogative to decide whether Trump is eligible to reclaim the presidency. After the appeals court also sided with Trump, finding it too early to consider the case, the Michigan Supreme Court declined to hear the case, leaving Trump on the ballot in that state.

The Decision in Minnesota

The Minnesota Supreme Court rejected the challenge to Trump’s candidacy in November, ruling that there was no law preventing Trump from serving on the primary ballot, but challengers could refile the case if Trump made it to the general election as anticipated.

The Decision in California

The California Secretary of State, Shirley Weber, announced on Thursday that Trump could remain on the ballot in the state after California Lieutenant Governor Eleni Kounalakis asked Weber to explore “all legal options” to remove Trump from the ballot following the Colorado Supreme Court’s decision.

Decisions in Other States

Challenges to Trump’s candidacy are still pending in other states such as Alaska, Arizona, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. According to a legal case tracker compiled by Lawfare. Most of these cases were filed by John Anthony Castro, a tax advisor running for president as a Republican, although he has already voluntarily dropped cases in 12 states, and courts have rejected his challenges in states like New Hampshire and Rhode Island. The U.S. Supreme Court declined to hear his challenge in Florida after a lower court ruled against him.

What

It Must Be Followed

Trump’s campaign announced on Thursday that it would appeal the decision in Maine at the district court. It remains unclear whether the U.S. Supreme Court will hear the Colorado case – or other state cases – and how the justices might rule if they choose to, although the conservative 6-3 Supreme Court may lean towards siding with the former president. Tai Culp, a former White House attorney for Trump, who later became more critical of the former president, stated in a CNN interview in December that he believes the decision could be 9-0 in the Supreme Court in favor of Trump. If the U.S. Supreme Court does not take this matter up and leaves it to the states to decide whether Trump is eligible to appear on their ballots, the Supreme Court decisions in Colorado and the Maine Secretary of State will not directly affect any other states – meaning Trump will only be removed from the ballots in Colorado and Maine – but Reuters indicated after the Colorado decision that it could influence other state courts.

Main Critics

Trump has strongly opposed the lawsuits challenging his candidacy, with his campaign spokesperson, Stephen Chung, stating on Thursday that it is a “hostile attack on American democracy.” The former president and his campaign criticized the Colorado and Maine decisions that removed him from the ballot, as Trump declared the day after the ruling that it was a “sad day for America” and characterized Chung’s decision as biased against Trump, calling it “an attempt to steal the election and disenfranchise the American voter.”

Key Background

Section 3 of the Fourteenth Amendment prohibits individuals from holding federal or state office if they have “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” Critics of Trump argue that he should be punished under the Fourteenth Amendment based on his behavior following the 2020 presidential election, where he sought to overturn the election and incited his supporters to riot at the Capitol on January 6, 2021. The controversy over whether Trump should be barred from the presidency under the Fourteenth Amendment has gained momentum in recent months as elections approach and Trump faces criminal charges due to his post-election activities. Legal scholars have expressed opinions on both sides of this issue, with some conservative scholars suggesting that the case against Trump has merit. Conservative legal scholars William Baude and Michael Stokes Paulsen pointed out in a law journal article that the insurrection on January 6 disqualifies Trump from office, asserting that the section remains in effect and ready for use, and state officials can bar Trump from the ballot without the need for any additional legislation or judicial rulings explicitly allowing it. State officials have stated that they do not believe they have the authority to remove Trump from the ballots themselves, leaving the matter of Trump’s candidacy to the courts.

Note

The discussion surrounding Trump’s candidacy comes after the Fourteenth Amendment was invoked during the 2022 midterm elections. Lawsuits were filed against Representative Marjorie Taylor Greene (Georgia) for her role in the January 6 riot – which ultimately failed – and against former Representative Madison Cawthorn (North Carolina), where the case was dismissed after he lost in the primary elections. Koi Griffin, a local commissioner in New Mexico, was removed from his position and barred from running again, marking the first use of the Fourteenth Amendment to remove someone from office since 1869.