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Earlier today, in the case of Anderson v. Trump<\/em><\/a>, Illinois circuit court Judge Tracie Porter ruled that Donald Trump is disqualified from the presidency under Section 3 of the Fourteenth Amendment, and therefore must be removed from the Illinois Republican primary ballot. Section 3 states<\/a> that “No person” can hold any state or federal office if they had previously been “a member of Congress, or… an officer of the United States<\/span><\/span>” or a state official, and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”<\/p>\n Judge Porter’s ruling<\/a> largely follows the reasoning of the Colorado Supreme Court decision<\/a> on the same issue, which is currently being reviewed by the federal Supreme Court. She has stayed her ruling in anticipation of an appeal, and it will likely remain on hold until the federal Supreme Court issues its own decision.<\/p>\n I think<\/a> the Colorado Supreme Court got all the major federal constitutional issues right, and therefore also agree with today’s ruling. Unfortunately, the federal Supreme Court oral argument strongly suggests the justices are going to reverse the Colorado decision<\/a> on the grounds that Section 3 is not “self-executing,” and therefore cannot be enforced by state governments unless and until Congress enacts additional legislation. If that happens, the Illinois decision won’t have any effect. The same goes for a December ruling against Trump<\/a> by the Maine Secretary of State.<\/p>\n For those interested, I have filed an amicus brief<\/a> in\u00a0 the federal Supreme Court case, which explains why a prior criminal conviction on charges of insurrection (or any other criminal charges) is not<\/em> necessary for for Trump to be disqualified. <\/span><\/p>\n I have also written about other issues related to the Section 3 litigation\u00a0 writings, most extensively here<\/a> and here<\/a>. In a series of previous VC, I explained why the January 6, 2021 attack on the Capitol qualifies as an “insurrection” under Section 3 (see here<\/a>, here<\/a>, and here<\/a>).<\/p>\n <\/p>\n <\/p>\n The post Illinois Court Rules Trump Disqualified from the Presidency Under Section 3 of the Fourteenth Amendment<\/a> appeared first on Reason.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" But the ruling will be effectively overturned if the federal Supreme Court rules in favor of Trump in the Colorado disqualification case, as seems likely based on the oral argument in that case. …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":""},"categories":[19,9],"tags":[],"_links":{"self":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts\/99105"}],"collection":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/comments?post=99105"}],"version-history":[{"count":0,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts\/99105\/revisions"}],"wp:attachment":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/media?parent=99105"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/categories?post=99105"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/tags?post=99105"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}