Democrats Eye New Way to Get Trump Off Ballot After Supreme Court Loss

On Monday, Maryland Democrat Jamie Raskin said he is working with his colleagues to draft legislation that would bar anyone who has committed an insurrection, from holding public office.

Raskin announced the decision after the Supreme Court unanimously decided that the former president Donald Trump must appear on the ballots of the states which have challenged his candidacy for the presidency.

“”I’m working with a number of my colleagues–including [Democratic Representatives] Debbie Wasserman Schultz and Eric Swalwell–to revive legislation…to set up a process by which we could determine that someone who committed insurrection is disqualified by section three of the 14th amendment,” Raskin said during an appearance on CNN.

Newsweek contacted a Trump representative via email on Monday for a comment.



In many states, groups have cited a clause in the 14th Amendment of the Constitution to challenge Trump’s eligibility. The Civil War clause prevents officials who took an oath of upholding the Constitution to hold office if they have “engaged in rebellion or insurrection” or “given assistance or comfort” to people who did.

The U.S. Supreme Court sided with Trump on Monday and reversed a Colorado Supreme Court decision that had ruled the former president’s name should not appear on the ballot of the state in 2024 due to his alleged involvement in the riots at the U.S. Capitol in January 2021.

The Department of Justice (DOJ), in its investigation into the riot, indicted the former president in August. The insurrection saw a mob of Trump supporters–allegedly incited by his unfounded claims of widespread voter fraud–violently protest at the Capitol building in a failed effort to block Joe Biden’s 2020 Electoral College victory. Trump maintains his innocence and has pleaded not guilty.

What We Know

Raskin and Wasserman Schultz introduced legislation in 2022 which would allow the U.S. Justice Department the opportunity to sue candidates who commit insurrection in order to stop them from holding office.

The 14th Amendment argument that Trump is not eligible to run for President would be brought up on the House Floor if the measure were reintroduced.


Trump responded to the news that the Supreme Court had reversed its Colorado decision with four words.

“BIG WINS FOR AMERICA!!! Trump posted the following on his Truth Social platform:

Barbara McQuade, former U.S. attorney and Newsweek reporter for a separate article, said that the Monday decision of the court “was no surprise” in light the skepticism displayed by the justices during the oral argument.

McQuade stated, “They claim that only Congress has the power to enforce Section 3 (of the 14th Amendment), not the states. This would lead to a patchwork decision,” McQuade explained. While it’s now law that only Congress has the power to prevent Trump from being on the ballot, the voters have the ability to stop him.

What’s Next?

Raskin, who was speaking to CNN’s Dana Bash about the reintroduction of legislation related to insurrection on Monday, said that “the House of Representatives has already impeached Donald Trump because he participated in insurrection through incitement.” “So the House has already spoken on that and there was a 57-43 vote in the Senate.”

He said: “The question now is whether Speaker Mike Johnson will allow us to bring it to the House floor.”