On Jan. 5, 2024, the Supreme Court announced that it would decide if former President Donald Trump can be legally barred from appearing on nationwide presidential election ballots because of his role on Jan. 6, 2021, during the attack on the Capitol. 

The case will also determine if the attack can be considered an insurrection, and if Trump’s remarks in his speech before contributed to the situation. 

The decision to take on this case came from Trump’s appeal of a Colorado court case, in which the Colorado Supreme Court voted in favor of removing Trump from the 2024 Republican primary ballot. 

Similar actions have been taken in Maine, where the Secretary of State ruled Trump unfit to appear on the state’s ballot. 

State courts are justifying this action through Section 3 of the 14th Amendment, which “bars from office anyone who once took an oath to uphold the Constitution but then ‘engaged’ in ‘insurrection or rebellion’ against it,” an article from AP News said. 

This is the first time the insurrectionist clause has been used to try to bar a candidate from presidential office in United States history. 

The 14th Amendment was ratified in July of 1868 a few years after the end of the Civil War, originally as an effort to prevent former Confederates from being able to hold positions in local and state governments in the South, but it has never been utilized in modern years. 

Because the situation is so unprecedented, the nation’s response has shown to be very divided. A recent poll conducted by POLITICO found that 51% of respondents think Trump can be barred by the 14th Amendment, while 34% believe it does not apply to the situation. 

Even students at PVHS have differing opinions. 

“I think Trump should be allowed to be on the nationwide 2024 ballot because he has not been convicted of any crime,” senior Mia Dominguez said. “This country is founded on innocent until proven guilty and, as of right now, he is innocent.” 

“I think Trump should not be allowed to be on the nationwide 2024 ballot,” senior Cayden McGuire said, “because Amendment XIV Section 3 states in part: ‘No person shall … hold any office, civil or military, under the United States … shall have engaged in insurrection or rebellion against the [Constitution of the United States], or given aid or comfort to the enemies thereof.’ Although Trump has not been convicted of any crime of insurrection, he did give his support … to the rioters on January 6, 2021, which has been ruled an insurrection in multiple courts of law.” 

Despite the country’s divided opinions about this issue, the Supreme Court’s decision will hopefully provide a more concrete answer to the situation. 

The Supreme Court plans to hold oral arguments on February 8.