“We see examples of people applying Section 3 and interpreting it at the time. It would be nice if we had more examples, more cases to guide us,” Magliocca stated. “But there’s no reason to think we can’t work with what we have.”
Trump Ballot Suits : Voters Challenge Trump’s Eligibility
A group of Colorado voters, driven by the belief that Trump is constitutionally ineligible to hold office due to his alleged involvement in an insurrection, brought the case to the court. Their aim is to prevent Secretary of State Jena Griswold, the state’s top election official, from placing Trump on the ballot. This lawsuit is one of several state court challenges rooted in this novel legal theory.
Magliocca refrained from expressing an opinion on whether Trump should be barred from office based on his actions during the January 6, 2021, attack on the U.S. Capitol. However, he referenced historical records from the 1860s, a crucial period in American history, to illustrate how “insurrection” was defined and how disqualifications were applied.
Historical Precedents and Interpretation
Magliocca highlighted documents from the Reconstruction Era, specifically the measures passed in 1867 before the 14th Amendment’s ratification. At that time, Southern states were under martial law as they held elections for conventions to draft new state constitutions and vote on the amendment.
