House Democrats began to craft a scheme Monday to disqualify former President Donald Trump from running for a second term, reacting to the Supreme Court’s ruling that Trump cannot be banned from the ballot in Colorado.
In a unanimous 9-0 ruling, the country’s highest court reversed a ruling from the Colorado Supreme Court that barred Trump from the ballot for president.
The state court ruled Trump had engaged in “insurrection” on Jan. 6, 2021, and, therefore, is not eligible for federal office.
The interpretation of the insurrection clause from the 14th Amendment was shot down by the Supreme Court.
However, five justices -- John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh -- offered those seeking to disqualify Trump or anyone else under the clause an option, which was to go to Congress, CNN reported.
“We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the justices ruled.
They added, “Nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates.”
Within hours, Democratic Rep. Jamie Raskin of Maryland told Axios he was working on a bill to offer those who want to weaponize the 14th Amendment an opportunity to do so.
“Congress will have to try and act," Raskin said, noting he was already hard at work.
The ranking member of the House Oversight Committee told Axios, ”I'm working on it -- today.”
Speaking of a 2022 bill he wrote with Rep. Debbie Wasserman Schultz of Florida that went nowhere, he added, ”We are going to revise it in light of the Supreme Court's decision.”
He admitted that it is a long shot, considering the GOP holds a slim majority in the House.
"I don't have a lot of hope that Speaker [Mike] Johnson will allow us to bring enforcement legislation to the floor, but we have to try and do it," Raskin told Axios.
Raskin was part of the partisan Jan. 6 House select committee that investigated the Jan. 6 U.S. Capitol incursion and has claimed Trump not only engaged in an insurrection but that the former president poses a threat to the country.
Section 3 of the Fourteenth Amendment said, “No person shall [hold office] who, having previously taken an oath ... 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.”
Trump has not been charged with or accused of an insurrection.
