The U.S. Constitution — specifically Section 3 of the Fourteenth Amendment — states that no person who previously held an office can serve again if they “have engaged in insurrection or rebellion” against the Constitution. The Colorado Supreme Court ruled that Donald Trump’s incitement of the deadly U.S. Capitol attack on Jan. 6, 2021 — designed to overturn an election — makes him ineligible to hold federal office again under this clause.

On March 4, 2024, the Supreme Court handed Trump a sweeping victory in this case, ruling that Colorado could not disqualify him from the ballot despite the Constitution’s bar and his legal team’s widely-criticized reasoning.

Powerbroker-Affiliated Organizations

Organization

Claremont Institute and Center for Constitutional JurisprudenceRead the amicus brief

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  John Eastman

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  Michael Pack

Organization

Landmark Legal FoundationRead the amicus brief

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  Mark Levin

Organization

Judicial WatchRead the amicus brief

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  Horatio Alger Association

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  Koch Network