Supreme Court opens new frontier for insurrection claims that could target state and local officials
(Associated Press)
Drawing on the 14th amendment, the Supreme Court ruled on Monday that a New Mexico county commissioner cannot return to office because he was convicted of trespassing on the Capitol grounds during the January 6 insurrection.
Section 3 of the 14th Amendment was originally included in the Constitution to prevent former Confederates from taking office again after the Civil War.
The Court’s decision opens the door for January 6 participants to be barred from holding state and local office. However, there is no standard enforcement of Section 3 across states. The Supreme Court also recently declined to apply Section 3 to former President Trump, concluding that states cannot remove candidates for federal office from the ballot on 14th amendment grounds.
The United States ranks 35 out of 142 countries and jurisdictions on whether government officials are sanctioned for misconduct in the 2023 WJP Rule of Law Index.
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