The Colorado Supreme Court on Tuesday ordered that Donald Trump’s name not appear on next year’s Republican presidential primary ballot. The court found that Mr. Trump “engaged in insurrection” on Jan. 6, 2021, and that Section 3 of the 14th Amendment bars a person who has done so from serving as president. Even if these findings are both correct, the Constitution doesn’t bar Mr. Trump from the ballot.

Citation
John C. Harrison & Saikrishna Prakash, If Trump Is Disqualified, He Can Still Run, Wall Street Journal (December 20, 2023).
UVA Law Faculty Affiliations
John C. Harrison