The 14th applies

Regarding Section 3 of the 14th Amendment: Briefs supporting the disqualification of Donald Trump in Colorado argue persuasively that someone who incites insurrectionists is himself an insurrectionist; that the section is “self-executing” (no need for congressional action); that its use of the word “office” includes the presidency; that states are empowered to enforce Section 3; that future insurrections (not just the Civil War) were contemplated; that what occurred on January 6th was an insurrection; and that disqualification is justiciable and not a “political question.”

The briefs delve into the remote and recent past to shed light on issues relevant to the disqualification of Trump. Here are three examples:

In 1787, Thomas Jefferson wrote in a letter to James Madison that a defeated president might “pretend false votes [and] foul play” to “hold possession of the reins of government.”

In 1861, there were fears that mob violence might obstruct the counting of electoral votes and the transfer of power to Abraham Lincoln. For days the Capitol building was searched for explosives, and troops were deployed as a precaution. In 2023, after Jair Bolsonaro lost the presidential election in Brazil, thousands of his supporters ransacked government buildings. The country’s Supreme Court barred him from running for office for eight years.

Some legal gurus expect our Supreme Court to punt by finding an “off-ramp” that could nullify Section 3. This could stain the law indelibly — as did its “non-precedential” decision in Bush v. Gore.

Speaking of potential stains, will Clarence Thomas, whose wife was a coup cheerleader, recuse himself? My guess: no. ARTHUR DENBERG

Squirrel Hill North