Maine barred Donald Trump from the primary ballot Thursday, making it the second state in the country to block the former president from running again under a part of the Constitution that prevents insurrectionists from holding office.
The decision by Maine Secretary of State Shenna Bellows (D) is sure to be appealed. The Colorado Supreme Court last week found Trump could not appear on the ballot in that state, and the Colorado Republican Party has asked the U.S. Supreme Court to review the case. The nation’s high court could resolve for all states whether Trump can run again.
I bet Zengen is right though. I bet if SCOTUS hears the case the majority opinion will pretend that a conviction is a necessary requirement to use the 14th amendment, even though it obviously isn’t.
Sec 3 of the Fourteenth Amendment has been invoked at least 8 times, none of them were convicted. The most recent case was in 2022, when a judge ordered a county commissioner be removed from office for his actions on Jan 6.
But the court isn’t concerned about the lack of a conviction. Trump and his team are claiming that the amendment does not apply to the President.