US historians sign brief to support Colorado’s removal of Trump from ballot

Twenty-five historians of the civil war and Reconstruction filed a US supreme court brief in support of the attempt by Colorado to remove Donald Trump from the ballot under the 14th amendment, which bars insurrectionists from running for office.

“For historians,” the group wrote, “contemporary evidence from the decision-makers who sponsored, backed, and voted for the 14th amendment [ratified in 1868] is most probative. Analysis of this evidence demonstrates that decision-makers crafted section three to cover the president and to create an enduring check on insurrection, requiring no additional action from Congress.”

Lawyers for Trump argue that the presidency is not an “office” as described in the 14th amendment, that only congressional action can stop someone from running, and that Trump did not incite an insurrection.

Trump was impeached in Congress (for the second time) for inciting an insurrection: the Capitol attack of 6 January 2021, an attempt to overturn defeat by Joe Biden now linked to nine deaths, more than 1,200 arrests and hundreds of convictions.

Impeached with the support of 10 House Republicans but acquitted when only seven Senate Republicans voted to convict, Trump now dominates his party and its presidential primary, 91 criminal charges (17 for election subversion), civil trials and ballot challenges notwithstanding.

Maine has also sought to remove Trump from its ballot, a ruling delayed, like that in Colorado, while the supreme court considers the issue. Oral arguments are set for 8 February.

Amicus briefs allow interested parties to make relevant arguments. Earlier this month, nearly 180 Republicans joined a brief in support of Trump.

The 25 historians – among them James McPherson of Princeton, the