Forcibly Sweeping Section 3 Up To The Supreme Court

Abstract

In the wake of January 6, 2021 a two-year lawfare campaign was waged to prevent Donald Trump from being re-elected president. That movement reached its pinnacle on December 19, 2023, when the Colorado Supreme Court ruled that Section 3 of the Fourteenth Amendment disqualified Donald Trump from the presidency. But less than three months later, on March 3, 2024, the United States Supreme Court unanimously reversed the state court. President Trump was re-elected, and certified on January 6, 2025.

This Article is not intended to explain the nuances of Section 3, summarize all of the litigation, or even analyze how the Supreme Court decided the case. Rather, this Article is somewhat personal in nature. It tells my own  experience in the Section 3 litigation, from January 6, 2021, through January 6, 2025. This Article, I hope, will encapsulate the role that I played in this process with my friend and colleague Seth Barrett Tillman.