Illinois judge rules for removal of Trump’s name from primary ballots

Cook County Circuit Judge Tracie Porter on Wednesday ruled that former President Donald Trump had engaged in insurrection as defined by a section of the U.S. Constitution that historically has seen little use. As such, Porter said Trump “should have his name removed” from Illinois’ primary ballots. The state’s primary election is set for March 19.

But isn’t the Supreme Court considering this exact issue? Porter delayed enforcement of her ruling until the U.S. Supreme Court ruled on the appeal of the Colorado Supreme Court’s decision to ban Trump from Colorado ballots. The Cook County judge referenced the findings of the Colorado Supreme Court, in its ruling that Trump had engaged in insurrection and was disqualified from the presidency, per the text of Section 3 of the 14th Amendment to the U.S. Constitution. Another ruling from Maine is also on hold pending the U.S. Supreme Court’s decision. Colorado’s primary is on Tuesday.

What does that section of the 14th Amendment say, specifically? Section 3 of the 14th Amendment to the U.S. Constitution says that certain public officials who have sworn an oath of office are barred from holding public office again if, after swearing that oath, they engage in an “insurrection or rebellion” against the United States. But a two-thirds vote of each chamber of Congress can remove such an individual’s disqualification status. The Supreme Court in oral arguments earlier this month examined various facets of the amendment’s text and states’ authority to enforce it.

Dig deeper: Read Carolina Lumetta’s report in The Stew about how the Supreme Court justices seemed to favor keeping Trump on Colorado’s primary ballots during oral arguments.