Lawsuit Tests 14th Amendment Insurrection Clause

 

The progressive activist group Citizens for Responsibility and Ethics in Washington (CREW) has filed a lawsuit that would bar the Malignant Loser's name from the 2024 ballot in Colorado. The lawsuit cites the Constitution's 14th Amendment, Section 3 (the "insurrection clause") which disqualifies any person from holding Federal or state office if they took an oath to defend the Constitution and then engaged in rebellion. The lawsuit was filed on behalf of "six Republican and unaffiliated Colorado voters including former state, federal and local officials." From CREW's announcement:

“'If the very fabric of our democracy is to hold, we must ensure that the Constitution is enforced and the same people who attacked our democratic system not be put in charge of it,' CREW President Noah Bookbinder said. 'We aren’t bringing this case to make a point, we’re bringing it because it is necessary to defend our republic both today and in the future. While it is unprecedented to bring this type of case against a former president, January 6th was an unprecedented attack that is exactly the kind of event the framers of the 14th Amendment wanted to build protections in case of. You don’t break the glass unless there’s an emergency.'

While Section 3 has not been tested often in the last 150 years, due to lack of insurrections, last year CREW represented residents of New Mexico who sued to remove county commissioner Couy Griffin from office, the only successful case to be brought under Section 3 since 1869. The judge in that case determined January 6th was an insurrection under the Constitution and that someone who helped to incite it–even if not personally violent–had engaged in insurrection and was disqualified from office." (our emphasis)

A number of legal scholars have made the argument that CREW is making, including members of the conservative Federalist Society and conservative former Appeals Court judge Michael Luttig. It's a long shot, but one worth taking if we say we abide by the Constitution against those that don't.