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Then-U.S. President Donald Trump speaks to supporters near the White House on January 6, 2021, in Washington, D.C.
(Photo: Brendan Smialowski/AFP via Getty Images)
Citing 14th Amendment, Michigan Voters File Suit to Bar Trump From 2024 Ballot
"Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the vice president and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation's history."
Sep 29, 2023
A progressive advocacy group on Friday filed a lawsuit on behalf of Michigan voters seeking to bar former U.S. President Donald Trump from the state's 2024 presidential ballot, arguing his role in inciting the deadly January 6, 2021 Capitol insurrection constitutionally bars him from holding public office.
Free Speech for People filed the suit, which contends that Trump—currently the frontrunner for the 2024 GOP nomination—is disqualified from holding public office under a constitutional provision known as the Insurrectionist Disqualification Clause.
As the group explains:
Enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required. Trump's involvement in the violent attack on Congress to prevent the certification of election results, which resulted in the disruption of the peaceful transfer of power for the first time in our nation's history, disqualifies him from holding any future public office. State election officials do not need permission from Congress to enforce the Insurrectionist Disqualification Clause, just as they do not need congressional approval to enforce the U.S. Constitution in general.
"Donald Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the vice president and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation's history," Free Speech for People legal director Ron Fein said in a statement.
"Our predecessors understood that oath-breaking insurrectionists will do it again, and worse, if allowed back into power, so they enacted the Insurrectionist Disqualification Clause to protect the republic from people like Trump," Fein continued. "Trump is legally barred from the ballot and election officials must follow this constitutional mandate."
Mark Brewer, an attorney for Free Speech for People, said that "the United States Constitution makes Donald Trump ineligible to run for or serve in any public office in the country, let alone president."
"All Michigan voters, including the plaintiffs, have a well-established right to have only eligible candidates on the ballot" he added. "Since Secretary of State [Jocelyn] Benson has announced that Trump will be on the primary ballot unless a court orders otherwise, we are seeking a court order preventing Trump from being on the ballot."
Similar suits seeking to bar Trump from the 2024 ballot were filed earlier this month in Minnesota and Colorado.
Trump is also under federal indictment for his efforts to overturn his 2020 loss.
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january 6 insurrection14th amendmentfree speech for peopledonald trumpelection 2024election 2020michiganu.s. constitution
A progressive advocacy group on Friday filed a lawsuit on behalf of Michigan voters seeking to bar former U.S. President Donald Trump from the state's 2024 presidential ballot, arguing his role in inciting the deadly January 6, 2021 Capitol insurrection constitutionally bars him from holding public office.
Free Speech for People filed the suit, which contends that Trump—currently the frontrunner for the 2024 GOP nomination—is disqualified from holding public office under a constitutional provision known as the Insurrectionist Disqualification Clause.
As the group explains:
Enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required. Trump's involvement in the violent attack on Congress to prevent the certification of election results, which resulted in the disruption of the peaceful transfer of power for the first time in our nation's history, disqualifies him from holding any future public office. State election officials do not need permission from Congress to enforce the Insurrectionist Disqualification Clause, just as they do not need congressional approval to enforce the U.S. Constitution in general.
"Donald Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the vice president and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation's history," Free Speech for People legal director Ron Fein said in a statement.
"Our predecessors understood that oath-breaking insurrectionists will do it again, and worse, if allowed back into power, so they enacted the Insurrectionist Disqualification Clause to protect the republic from people like Trump," Fein continued. "Trump is legally barred from the ballot and election officials must follow this constitutional mandate."
Mark Brewer, an attorney for Free Speech for People, said that "the United States Constitution makes Donald Trump ineligible to run for or serve in any public office in the country, let alone president."
"All Michigan voters, including the plaintiffs, have a well-established right to have only eligible candidates on the ballot" he added. "Since Secretary of State [Jocelyn] Benson has announced that Trump will be on the primary ballot unless a court orders otherwise, we are seeking a court order preventing Trump from being on the ballot."
Similar suits seeking to bar Trump from the 2024 ballot were filed earlier this month in Minnesota and Colorado.
Trump is also under federal indictment for his efforts to overturn his 2020 loss.
From Your Site Articles
- Watchdog Sues to Keep Trump Off Ballot in Colorado, Citing 14th Amendment ›
- Minnesota Voters File 14th Amendment Suit to Keep Trump Off Ballot ›
- Conservative Legal Scholars Argue Trump Is Disqualified for Office Under 14th Amendment ›
- Opinion | Could 2024 Bring Another January 6? | Common Dreams ›
- Minnesotans Vow to Still 'Stand Up for Our Democracy' After Court Keeps Trump on Ballot ›
- Group Vows to 'Immediately' Appeal After Michigan Judge Lets Trump Stay on Ballot ›
- Colorado Judge Says Trump 'Incited' Jan 6 Attack—But Keeps Him on Ballot ›
- Opinion | The Constitutional Case for Keeping Trump off the Ballot | Common Dreams ›
- Opinion | Samuel Moyn Has It Wrong on Trump's Threat to Democracy | Common Dreams ›
- Opinion | Insurrectionist Trump vs. the 14th Amendment | Common Dreams ›
- Opinion | We Have 147 Days to Prevent Another Capitol Insurrection | Common Dreams ›
A progressive advocacy group on Friday filed a lawsuit on behalf of Michigan voters seeking to bar former U.S. President Donald Trump from the state's 2024 presidential ballot, arguing his role in inciting the deadly January 6, 2021 Capitol insurrection constitutionally bars him from holding public office.
Free Speech for People filed the suit, which contends that Trump—currently the frontrunner for the 2024 GOP nomination—is disqualified from holding public office under a constitutional provision known as the Insurrectionist Disqualification Clause.
As the group explains:
Enacted in the wake of the Civil War, Section 3 of the 14th Amendment disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required. Trump's involvement in the violent attack on Congress to prevent the certification of election results, which resulted in the disruption of the peaceful transfer of power for the first time in our nation's history, disqualifies him from holding any future public office. State election officials do not need permission from Congress to enforce the Insurrectionist Disqualification Clause, just as they do not need congressional approval to enforce the U.S. Constitution in general.
"Donald Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the vice president and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation's history," Free Speech for People legal director Ron Fein said in a statement.
"Our predecessors understood that oath-breaking insurrectionists will do it again, and worse, if allowed back into power, so they enacted the Insurrectionist Disqualification Clause to protect the republic from people like Trump," Fein continued. "Trump is legally barred from the ballot and election officials must follow this constitutional mandate."
Mark Brewer, an attorney for Free Speech for People, said that "the United States Constitution makes Donald Trump ineligible to run for or serve in any public office in the country, let alone president."
"All Michigan voters, including the plaintiffs, have a well-established right to have only eligible candidates on the ballot" he added. "Since Secretary of State [Jocelyn] Benson has announced that Trump will be on the primary ballot unless a court orders otherwise, we are seeking a court order preventing Trump from being on the ballot."
Similar suits seeking to bar Trump from the 2024 ballot were filed earlier this month in Minnesota and Colorado.
Trump is also under federal indictment for his efforts to overturn his 2020 loss.
From Your Site Articles
- Watchdog Sues to Keep Trump Off Ballot in Colorado, Citing 14th Amendment ›
- Minnesota Voters File 14th Amendment Suit to Keep Trump Off Ballot ›
- Conservative Legal Scholars Argue Trump Is Disqualified for Office Under 14th Amendment ›
- Opinion | Could 2024 Bring Another January 6? | Common Dreams ›
- Minnesotans Vow to Still 'Stand Up for Our Democracy' After Court Keeps Trump on Ballot ›
- Group Vows to 'Immediately' Appeal After Michigan Judge Lets Trump Stay on Ballot ›
- Colorado Judge Says Trump 'Incited' Jan 6 Attack—But Keeps Him on Ballot ›
- Opinion | The Constitutional Case for Keeping Trump off the Ballot | Common Dreams ›
- Opinion | Samuel Moyn Has It Wrong on Trump's Threat to Democracy | Common Dreams ›
- Opinion | Insurrectionist Trump vs. the 14th Amendment | Common Dreams ›
- Opinion | We Have 147 Days to Prevent Another Capitol Insurrection | Common Dreams ›
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