Colorado Ballot: What to Expect in the Donald Trump Disqualification Case

This morning, the Supreme Court hears arguments on whether the Colorado Supreme Court was right to throw Donald Trump off the ballot on the theory that Section 3 of the 14th Amendment disqualifies him from serving in federal office again after he “engaged in insurrection” in connection with the January 6, 2021, riot at the Capitol. It is a momentous occasion. Never before has the Court heard a case to decide who may become president; when it has been asked after the fact to help resolve who was actually elected, it has not enjoyed the task.

If the Court affirms Colorado’s decision, Trump’s bid to reclaim the presidency would be over; his ineligibility would be the law of the land in every state. The Republican presidential primary would be thrown into chaos. It is likely that Ron DeSantis, Vivek Ramaswamy, and possibly other vanquished contenders would reactivate their campaigns. Trump supporters would be livid, and it is hard to predict how badly that would go. Probably the voters would react much the same way they did after the elite, inside-D.C. “corrupt bargain” between John Quincy Adams and Henry Clay denied Andrew Jackson the presidency in 1824.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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This morning, the Supreme Court hears arguments on whether the Colorado Supreme Court was right to throw Donald Trump off the ballot on the theory that Section 3 of the 14th Amendment disqualifies him from serving in federal office again after he “engaged in insurrection” in connection with the January 6, 2021, riot at the Capitol. It is a momentous occasion. Never before has the Court heard a case to decide who may become president; when it has been asked after the fact to help resolve who was actually elected, it has not enjoyed the task.

If the Court affirms Colorado’s decision, Trump’s bid to reclaim the presidency would be over; his ineligibility would be the law of the land in every state. The Republican presidential primary would be thrown into chaos. It is likely that Ron DeSantis, Vivek Ramaswamy, and possibly other vanquished contenders would reactivate their campaigns. Trump supporters would be livid, and it is hard to predict how badly that would go. Probably the voters would react much the same way they did after the elite, inside-D.C. “corrupt bargain” between John Quincy Adams and Henry Clay denied Andrew Jackson the presidency in 1824.