The Supreme Court Should Get Out of the Insurrection Business
Supreme Court,Donald Trump,2024 Presidential Election,14th Amendment,Politics
The Supreme Court will hear arguments on Thursday about whether Colorado may keep Donald Trump off the presidential ballot because of the storming of the Capitol on Jan. 6, 2021. The justices should seek a ruling that is originalist, modest and respectful of America’s democratic federalism.
In particular, they should focus on two phrases: “the first insurrection of the 1860s” and “the fifty-state solution.”
The first phrase explains why Mr. Trump’s conduct squarely falls under Section 3 of the 14th Amendment, which bars from any “office, civil or military, under the United States” any important public servant who, after swearing an oath to the Constitution, engages in an “insurrection” or gives insurrectionists “aid or comfort.”
Related Coverage
AllSides Picks
Headline Roundup
US-Canada Trade Negotiations Fail, Canada to Levy Retaliatory Tariffs
August 23rd, 2026
Headline Roundup
Trump Moves to Cut Beef Prices With Import Tariff Waiver
August 22nd, 2026
The Insight
The Insight: Back to School, Behind on Reading: Why America’s Literacy Crisis Persists
AllSides Staff
August 21st, 2026
Story of the Week
The Jason Arday Saga
AllSides Staff
August 20th, 2026